Source: EURLEX
Language: en
Format: md

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| 5.6.2010 | EN | Official Journal of the European Union | C 148/43 |

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Action brought on 26 March 2010 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)

(Case T-150/10)

2010/C 148/71

Language in which the application was lodged: English

Parties

Applicant: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal: Loopia AB (Västeras, Sweden)

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 12 January 2010 in case R 1812/2008-1; and |

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| — | Order the defendant to bear the costs, including those related to the appeal proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark “LOOPIA”, for services in class 42

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

Mark or sign cited: German trade mark registrations of the word mark “LOOP”, for goods and services in classes 9, 38 an 42; Community trade mark registration of the word mark “LOOP”, for goods and services in classes 9, 16, 35, 38 ad 42; Community trade mark registration of the word mark “LOOPY”, for goods and services in classes 9, 38 and 42

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Annulled the contested decision, rejected the opposition and allowed the application

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was no likelihood of confusion between the trade marks concerned.

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