Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 17.4.2010 | EN | Official Journal of the European Union | C 100/42 |

---

Action brought on 25 January 2010 — Esprit International v OHIM — Marc O’Polo International (Representation of the letter ‘e’ on a trouser pocket)

(Case T-22/10)

2010/C 100/66

Language in which the application was lodged: German

Parties

Applicant: Esprit International LP (New York, United States of America) (represented by: M. Treis, 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: Marc O’Polo International GmbH (Stephanskirchen, Germany)

Form of order sought

|  |  |
| --- | --- |
| — | Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2009 in Case R 1666/2008-4; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Esprit International

Community trade mark concerned: a figurative mark representing the letter ‘e’ on a trouser pocket for goods in Classes 18 and 25 (Application No 5 089 859)

Proprietor of the mark or sign cited in the opposition proceedings: Marc O’Polo International GmbH

Mark or sign cited in opposition: in particular, a German figurative mark No 30 303 672 representing the letter ‘e’ for goods in Classes 18 and 25

Decision of the Opposition Division: Opposition upheld

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_2010100EN.01004202-E0001) since there is no likelihood of confusion between the opposing marks

---

[Top](#document1)