Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/65 |

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Action brought on 4 August 2009 — Sanyō Denki v OHIM — Telefónica O2 Germany (eneloop)

(Case T -309/09)

2009/C 267/118

Language in which the application was lodged: German

Parties

Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: M. De Zorti, M. Koch and T. Grimm, 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: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany)

Form of order sought

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| — | Annul the contested decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2); |

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| — | Order OHIM to pay the costs of the proceedings; |

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| — | Order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘eneloop’ for goods in Class 9 (application No 4620225)

Proprietor of the mark or sign cited in the opposition proceedings: Telefónica O2 Germany GmbH & Co. OHG

Mark or sign cited in opposition: Inter alia, the German word mark ‘LOOP’ for goods and services in Classes 9, 38 and 42 (No 30 416 654,5)

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2009267EN.01006502-E0001) since there is no likelihood of confusion between the marks at issue.

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