Source: EURLEX
Language: en
Format: md

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| 20.6.2009 | EN | Official Journal of the European Union | C 141/47 |

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Action brought on 2 April 2009 — Bongrain v OHIM — Apetito (APETITO)

(Case T-129/09)

2009/C 141/98

Language in which the application was lodged: English

Parties

Applicants: Bongrain SA (Viroflay, France) (represented by: C. Hertz-Eichenrode, lawyer)

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

Other party to the proceedings before the Board of Appeal: Apetito AG (Rheine, Germany)

Form of order sought

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| — | Set aside the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 February 2009 in case R 720/2008-4; and |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘APETITO’, for goods in class 29 — application No 3 470 598

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration of the word mark ‘apetito’ for goods in classes 5, 11, 21 29, 30, 37, 39, 41 and 42

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94[(1)](#ntr1-C_2009141EN.01004701-E0001) (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its finding that there is similarity of goods and hence likelihood of confusion between the trade marks concerned.

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