Source: EURLEX
Language: en
Format: md

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| 29.7.2006 | EN | Official Journal of the European Union | C 178/35 |

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Action brought on 17 May 2006 — Castellani v OHIM — Markant Handels und Service (CASTELLANI)

(Case T-149/06)

(2006/C 178/65)

Language in which the application was lodged: English

Parties

Applicant: Castellani SpA (Pontedera, Italy) (represented by: A. Di Maso, M. R. Di Maso, lawyers)

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

Other party to the proceedings before the Board of Appeal: Markant Handels und Service GmbH (Offemburg, 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 22 February 2006 in Case R 449/2005-1; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘CASTELLANI’ for goods in class 33 (alcoholic beverages except beer, liqueur, sparkling wine and Champagne) — application No 2 387 272

Proprietor of the mark or sign cited in the opposition proceedings: MARKANT Handels- und Service GmbH

Mark or sign cited: The national word marks ‘CASTELLUM’ for goods in class 33 (wines, with the exception of sparkling wine) and ‘CASTELLUCA’ for goods in class 33 (wines)

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the application

Pleas in law: Violation of Article 8(1)(b) of Council Regulation No 40/94 as the conflicting marks are different and the applicant's mark can not cause confusion for German consumers.

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