Source: EURLEX
Language: en
Format: md

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| 31.7.2010 | EN | Official Journal of the European Union | C 209/45 |

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Action brought on 24 May 2010 — Scatizza v OHIM — Jacinto (HORSE COUTURE)

(Case T-238/10)

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2010/C 209/69

Language in which the application was lodged: English

Parties

Applicant: Stephanie Scatizza (Lugano, Switzerland) (represented by: P. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal: Manuel Jacinto, Lda (S. Paio de Oleiros, Portugal)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 5 March 2010 in case R 723/2009-2; |

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| — | Order the defendant to bear the costs of the proceedings; and |

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| — | Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, should it become an intervening party in this case. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘HORSE COUTURE’, for goods in class 18 — Community trade mark application No 6030399

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Portuguese trade mark registration No 379879 of the figurative mark ‘HORSE’, for goods in class 18

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was a likelihood of confusion between the concerned trade marks.

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