Source: EURLEX
Language: en
Format: md

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| 21.7.2012 | EN | Official Journal of the European Union | C 217/26 |

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Action brought on 22 May 2012 — Micrus Endovascular v OHIM — Laboratorios Delta (DELTA)

(Case T-218/12)

2012/C 217/55

Language in which the application was lodged: English

Parties

Applicant: Micrus Endovascular LLC (Wilmington, United States) (represented by: B. Brandreth, Barrister)

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

Other party to the proceedings before the Board of Appeal: Laboratorios Delta Lda (Queluz, 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 6 March 2012 in case R 244/2011-2; and |

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| — | Order that the respondent pays the applicant its costs incurred before the Board of Appeal and the General Court. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘DELTA’, for goods in class 10 — Community trade mark application No 6655906

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 in opposition: International trade mark registration No 131374 of the figurative mark ‘DELTA PORTUGAL’, for goods in class 5; Portuguese trade mark registration No 140578 of the figurative mark ‘DELTA PORTUGAL’, for goods in class 5; Registered trade name No 23113 ‘LABORATORIOS DELTA’

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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