Source: EURLEX
Language: en
Format: md

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| 18.12.2010 | EN | Official Journal of the European Union | C 346/56 |

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Action brought on 19 October 2010 — Seba Diș Tįcaret ve Naklįyat v OHIM — von Eicken (SEBA TRADITION ESTABLISHED 1932 20 FILTER)

(Case T-508/10)

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2010/C 346/110

Language in which the application was lodged: German

Parties

Applicant: Seba Diș Tįcaret ve Naklįyat A.S. (Istanbul, Turkey) (represented by: H. Wilde, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Johann Wilhelm von Eicken GmbH (Lübeck, Germany)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 August 2010 in Case R 0559/2009-4; |

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

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Coloured figurative mark, which contains the word elements ‘ESTABLISHED 1932 SEBA TRADITION’, for goods in Class 34.

Proprietor of the Community trade mark: The Applicant.

Applicant for the declaration of invalidity: Johann Wilhelm von Eicken GmbH

Trade mark right of applicant for the declaration: German figurative mark, which contains the word elements ‘ESTABLISHED 1770 JOHANN WILHELM VON EICKEN TRADITION’, for goods in Class 34.

Decision of the Cancellation Division: The application was granted.

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

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2010346EN.01005602-E0001) because there is no likelihood of confusion of the marks at issue.

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