Source: EURLEX
Language: en
Format: md

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| 23.2.2008 | EN | Official Journal of the European Union | C 51/57 |

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Action brought on 21 December 2007 — Olive Line International v OHIM — Knopf (o-live)

(Case T-485/07)

(2008/C 51/104)

Language in which the application was lodged: English

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: P. Koch Moreno, lawyer)

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

Other party to the proceedings before the Board of Appeal: Reinhard Knopf (Malsch, Germany)

Form of order sought

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| — | Declare that the decision dated 26 September 2007 of the Second Board of Appeal of the OHIM dismissing the appeal against the granting of Community trade mark No 3 219 193 does not comply with EC Regulation 40/94 on Community trade marks; |

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| — | order that the costs of the proceedings be paid by the defendant and, if appropriate, by the contributing party. |

Pleas in law and main arguments

Applicant for the Community trade mark: Reinhard Knopf

Community trade mark concerned: The figurative mark ‘o-live’ for goods in classes 29, 30, 31 and 33 — application No 3 219 193

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The national trade name ‘Olive lines’ for the activities of a business dedicated to being a trade intermediary

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) and (4) of Council Regulation No 40/94, as there is a risk of confusion between the earlier non-registered trade mark, which has more than just a local significance, and the trade mark applied for.

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