Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/68 |

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Action brought on 17 November 2006 — Ercros v OHIM — Degussa (TAI CROS)

(Case T-315/06)

(2006/C 326/142)

Language in which the application was lodged: German

Parties

Applicant: Ercros, SA (Barcelona, Spain) (represented by: R. Thierie, 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: Degussa AG (Düsseldorf, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | ‘purely and simply’ alter the contested decision (decision of the First Board of Appeal of OHIM of 20 September 2006 in appeal proceedings R 29/2006-1); |

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| — | grant the opposition and reject the application for figurative mark No 2 768 851‘TAICROS’; |

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| — | order OHIM to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Degussa AG.

Community trade mark concerned: The figurative mark ‘TAI CROS’ for goods in Class 1 (Application No 2 768 851).

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Spanish word marks ‘CROS’, Spanish word mark ‘SOCIEDAD ANONIMA CROS’, Spanish figurative marks ‘CROS’ and Spanish word mark ‘ERCROS’ for goods in Class 1.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006326EN.01006801-E0001), since there is a likelihood of confusion between the two opposing marks.

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