Source: EURLEX
Language: en
Format: md

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| 21.5.2011 | EN | Official Journal of the European Union | C 152/27 |

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Action brought on 18 March 2011 — Sport Eybl & Sports Experts v OHIM — Seven (SEVEN SUMMITS)

(Case T-179/11)

2011/C 152/48

Language in which the application was lodged: English

Parties

Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: S. Fürst, lawyer)

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

Other party to the proceedings before the Board of Appeal: Seven SpA (Leinì, Italy)

Form of order sought

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| — | Overrule the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 January 2011 in case R 364/2010-4; |

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| — | Fix the total amount of costs to be paid by the defendant. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘SEVEN SUMMITS’, in colours blue and red, for amongst others goods in class 18 — Community trade mark application No 6307243

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 in opposition: Community trade mark registration No 3489234 of the figurative mark ‘Seven’, for goods in classes 16 and 18; Community trade mark registration No 4783866 of the figurative mark ‘7Seven’, for goods in classes 16 and 18

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 No 207/2009, as the Board of Appeal wrongly determined the existence of likelihood of confusion.

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