Source: EURLEX
Language: en
Format: md

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| 29.8.2009 | EN | Official Journal of the European Union | C 205/46 |

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Action brought on 10 July 2009 — Serrano Aranda v OHIM — Burg Groep (LE LANCIER)

(Case T-265/09)

2009/C 205/85

Language in which the application was lodged: Spanish

Parties

Applicant: Enrique Serrano Aranda (Murcia, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, 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: Burg Groep BV (Bergen, Netherlands)

Form of order sought

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| — | Annulment of the decision of the First Board of Appeal of OHIM of 27 March 2009 in Case R-366/2008-1. |

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| — | On the basis of that annulment, uphold the opposition and implement the legal consequences arising therefrom by rejecting Community trade mark application 3 343 365 in its entirety. |

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| — | Order OHIM and any intervening parties to pay the costs of these proceedings, should they be opposed, and reject the forms of order which OHIM and the intervening parties seek. |

Pleas in law and main arguments

Applicant for a Community trade mark: Burg Groep B.V.

Community trade mark concerned: Figurative mark containing the word component ‘LE LANCIER’ (Application No 3 343 365) for goods in Classes 29 and 30.

Proprietor of the mark or sign cited in the opposition proceedings: Enrique Serrano Aranda.

Mark or sign cited in opposition: Spanish word mark ‘EL LANCERO’ No 838 740 for goods in Class 30; Spanish figurative mark No 941 979 containing the word component ‘EL LANCERO’ for goods in Class 30; Spanish word mark No 943 767‘EL LANCERO’ for goods in Class 31, and Spanish word mark No 1 806 835‘El LANCERO’ for goods in Class 29.

Decision of the Opposition Division: The opposition was rejected.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Misapplication of Article 8(1)(b) of Council Regulation (EC) No 207/2009 on the Community trade mark.

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