Source: EURLEX
Language: en
Format: md

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| 16.4.2011 | EN | Official Journal of the European Union | C 120/6 |

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Appeal brought on 21 February 2011 by Tresplain Investments Ltd against the judgment of the General Court (Eighth Chamber) delivered on 9 December 2010 in Case T-303/08: Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd

(Case C-76/11 P)

2011/C 120/11

Language of the case: English

Parties

Appellant: Tresplain Investments Ltd (represented by: B. Brandreth, Barrister, J. Stobbs, Attorney)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd

Form of order sought

The appellant claims that the Court should:

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| — | set aside the contested judgment of the General Court and the contested decision of the Board of Appeal of OHIM; |

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| — | order OHIM to pay the appellant's costs incurred before the General Court and the Court of Justice of the European Union |

Pleas in law and main arguments

The appellant submits that the General Court's Decision erred in law in its interpretation and application of Article 8(4) CTMR[(1)](#ntr1-C_2011120EN.01000602-E0001) in the following ways:

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| 1. | The General Court and Board of Appeal wrongly concluded that the existence of goodwill created a right of more than mere local significance. It does not do so unless the goodwill is of more than mere local significance; |

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| 2. | The General Court and Board of Appeal wrongly concluded that the evidence of concurrent trading was evidence relevant only to the likelihood of a misrepresentation. Consideration should also have been given to the argument that the existence of concurrent goodwill would have rendered misrepresentation impossible. |

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| 3. | The General Court and Board of Appeal erred in treating the evidence of use as indicating that the goodwill was associated with the earlier sign relied upon. |

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