Source: EURLEX
Language: en
Format: md

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| 14.7.2012 | EN | Official Journal of the European Union | C 209/13 |

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Action brought on 30 May 2012 — Jyoti Ceramic Industries v OHIM — DeguDent (ZIECON)

(Case T-239/12)

2012/C 209/22

Language in which the application was lodged: German

Parties

Applicant: Jyoti Ceramic Industries PVT. Ltd (Nashik, India) (represented by: R. Egerer, D. Jochim and A. Kolb, lawyers)

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

Other party to the proceedings before the Board of Appeal: DeguDent GmbH (Hanau-Wolfgang, Germany)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 March 2012 in Case R 2546/2010-1; |

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

Pleas in law and main arguments

Applicant for a Community trade mark: Jyoti Ceramic Industries

Community trade mark concerned: Figurative mark ‘ZIECON’ for goods in Classes 5, 10 and 40 (application No 8 272 271)

Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH

Mark or sign cited in opposition: Word mark ‘CERCON’ for goods in Classes 5, 9 and 10

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal allowed and registration refused

Pleas in law:

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| — | Infringement of Article 8(1)(b) of Regulation No 207/2009 |

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| — | Infringement of Article 76 of Regulation No 207/2009 in conjunction with Rules 50(1) and 19(1) and (3) of the implementing regulation |

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