Source: EURLEX
Language: en
Format: md

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| 28.8.2010 | EN | Official Journal of the European Union | C 234/45 |

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Action brought on 21 June 2010 — K-Mail Order v OHIM — IVKO (MEN’Z)

(Case T-279/10)

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2010/C 234/81

Language in which the application was lodged: German

Parties

Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, Germany)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2010 in Case R 746/2009-1; |

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| — | Uphold the opposition against allowing the contested Community trade mark application; in the alternative, refer the case back to the Board of Appeal for further consideration; |

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| — | Order the unsuccessful party to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: IVKO Industrieprodukt-Vertriebskontakt GmbH

Community trade mark concerned: the figurative mark MEN’Z for goods in Classes 9, 14 and 18

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

Mark or sign cited in opposition: the company name ‘WENZ’ used in Germany in the course of trade for goods in Classes 14, 18 and 25

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(4) in conjunction with Article 41(1)(c) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2010234EN.01004502-E0001) and infringement of Article 76(1) of that regulation as the applicant’s company name is of more than mere local significance

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