Source: EURLEX
Language: en
Format: md

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| 19.12.2009 | EN | Official Journal of the European Union | C 312/39 |

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Action brought on 14 October 2009 — Honda Motor v OHIM — Blok (BLAST)

(Case T-425/09)

2009/C 312/64

Language in which the application was lodged: English

Parties

Applicant: Honda Motor Co., Ltd. (Tokyo, Japan) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Hendrik Blok (Oudenaarde, Belgium)

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 16 July 2009 in case R 1097/2008-1; |

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

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘BLAST’, for goods in classes 7 and 12

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 ‘BLAST’ for goods and services in classes 7, 35 and 37; Benelux trade mark registration of the word mark ‘BLAST’ for goods and services in classes 7, 35 and 37

Decision of the Opposition Division: Allowed the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.

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