Source: EURLEX
Language: en
Format: md

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| 6.6.2009 | EN | Official Journal of the European Union | C 129/17 |

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Action brought on 30 March 2009 — Valigeria Roncato v OHIM — Roncato (CARLO RONCATO)

(Case T-124/09)

2009/C 129/29

Language in which the application was lodged: Italian

Parties

Applicant: Valigeria Roncato SpA (Campodarsego, Italy) (represented by: P. Perani, lawyer, and P. Pozzi, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Roncato Srl (Campodarsego, Italy)

Forms of order sought

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| — | Annul the decision of the First Board of Appeal of OHIM of 23 January 2009, notified on 30 January 2009, in joined cases R 237/2008-1 and R 263/2008-1; |

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| — | Order the defendant and the other party to the proceedings to pay the costs of these proceedings, as well as those incurred in the proceedings before the Board of Appeal. |

Pleas in law and main arguments

Applicant for a Community trade mark: RONCATO Srl.

Community trade mark concerned: Word mark “CARLO RONCATO” (registration application No 4 631 719) for goods in Classes 3, 9 and 14.

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

Mark or sign cited in opposition: Italian figurative mark “RV RONCATO” (No 622 773), Italian word mark “RONCATO” (No. 510 528) and non-registered Italian figurative marks “RV RONCATO”.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Rejected the opposition and upheld the application for registration in its entirety.

Pleas in law: Misapplication of Article 8(4) and (5) of Regulation (EC) No 40/94 on the Community trade mark.

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