Source: EURLEX
Language: en
Format: md

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| 6.12.2008 | EN | Official Journal of the European Union | C 313/43 |

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Action brought on 27 September 2008 — INTER-NETT 2000 v OHIM

(Case T-423/08)

(2008/C 313/79)

Language in which the application was lodged: Hungarian

Parties

Applicant(s): INTER-NETT 2000 Kereskedelmi és Szolgáltató kft (Inter-Nett 2000 Kft) (Mór, Hungary) (represented by: E. Petruska, lawyer)

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

Other party/parties to the proceedings before the Board of Appeal of OHIM: Unión de Agricultores, S.A. (El Ejido, Spain)

Form of order sought

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| — | Set aside the decision of the second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 July 2008 (Case R 71/2008-2) and |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: INTER-NETT 2000

Community trade mark concerned: the figurative mark ‘HUNGARO’ for goods and services in classes 29, 31 and 35 (application No 004508917).

Proprietor of the mark or sign cited in the opposition proceedings: Unión de Agricultores, S.A.

Mark or sign cited in opposition: Community trade mark ‘UNIAGRO’ for goods in class 31.

Decision of the Opposition Division: Opposition partly upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 40/94, in that OHIM misinterpreted that provision, and breach of Article 12(a) and (b) of Regulation No 40/94, in that the decision of OHIM prevents the applicant from using the name of its proprietor and the designation of the geographical origin of the goods.

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