Source: EURLEX
Language: en
Format: md

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| 16.1.2010 | EN | Official Journal of the European Union | C 11/37 |

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Action brought on 17 November 2009 –Storck v OHIM — RAI (Radiotelevisione)

(Case T-462/09)

2010/C 11/68

Language in which the application was lodged: German

Parties

Applicant: August Storck KG (Berlin, Germany) (represented by: I. Rohr, P. Goldenbaum and T. Melchert, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Radiotelevisione italiana SpA (RAI)(Rome, Italy)

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 8 September 2009 in Case R 1779/2008 4; |

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| — | order OHIM to pay the costs; |

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| — | should there be an intervener in the proceedings, order the intervener to bear its own costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: August Storck KG

Community trade mark concerned: the word mark “Ragolizia” for good in Class 30 (Application No 5 201 835)

Proprietor of the mark or sign cited in the opposition proceedings: Radiotelevisione italiana SpA (RAI)

Mark or sign cited in opposition: Community trade mark No 4 771 762“FAVOLIZIA”

Decision of the Opposition Division: Upheld the opposition and rejected the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2010011EN.01003701-E0001), as there is no likelihood of confusion of the opposing trade marks

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