Source: EURLEX
Language: en
Format: md

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| 5.6.2010 | EN | Official Journal of the European Union | C 148/34 |

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Action brought on 18 March 2010 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up)

(Case T-125/10)

2010/C 148/59

Language in which the application was lodged: German

Parties

Applicant: Amecke Fruchtsaft GmbH & Co. KG (Menden, Germany) (represented by: R. Kaase and J.-C. Plate, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Beate Uhse Einzelhandels GmbH (Flensburg, Germany)

Form of order sought

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| — | Declare the application, together with the annexes submitted, made against the decision of the First Board of Appeal of OHIM of 12 January 2010 in Case R 612/2009-1, admissible; and |

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| — | Annul the contested decision on the ground of incompatibility with Article 8(1)(b) of Regulation (EC) No 40/94;[(1)](#ntr1-C_2010148EN.01003401-E0001) |

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| — | Order the defendant to pay the costs of the proceedings, including the costs before the Board of Appeal. |

Pleas in law and main arguments

Applicant for a Community trade mark: Beate Uhse Einzelhandels GmbH

Community trade mark concerned: Word mark ‘69 Sex up’ for goods and services in Classes 3, 5, 9, 29, 30, 32, 33, 38 and 41 (application No 5 418 108)

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

Mark or sign cited in opposition: German word mark ‘sex:h:up’ No 305 31 669.9 for goods in Classes 5, 29, 30 and 32

Decision of the Opposition Division: To uphold the opposition for all disputed goods

Decision of the Board of Appeal: To rescind the contested decision and reject the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94, since there is a likelihood of confusion between the conflicting marks

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