Source: EURLEX
Language: en
Format: md

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| 6.12.2008 | EN | Official Journal of the European Union | C 313/35 |

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Action brought on 11 September 2008 — Mustang v OHIM

(Case T-379/08)

(2008/C 313/64)

Language in which the application was lodged: German

Parties

Applicant: Mustang-Bekleidungswerke GmbH + Co. KG (Künzelsau, Germany) (represented by: A. Klett and K. Weimer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Decathlon SA (Villeneuve d'Ascq, France)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 July 2008 in Case R 859/2007-4; |

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| — | order the defendant to pay the costs of these proceedings and the proceedings before the Board of Appeal, including the applicant's costs in both proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Mustang

Community trade mark concerned: Representation of a wavy line for goods and services in Classes 3, 18 and 25 (Application No 4 081 352)

Proprietor of the mark or sign cited in the opposition proceedings: Decathlon SA

Mark or sign cited in opposition: Existing national and international figurative mark constituted by the representation of a white wavy line on a black background, for goods in Classes 3, 18 and 25.

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94, because there are no aural, visual and conceptual similarities between the opposing marks that could give rise to a likelihood of confusion.

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