Source: EURLEX
Language: en
Format: md

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| 21.5.2011 | EN | Official Journal of the European Union | C 152/30 |

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Action brought on 24 March 2011 — Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER)

(Case T-189/11)

2011/C 152/53

Language in which the application was lodged: German

Parties

Applicant: Peter Yordanov (Rousse, Bulgaria) (represented by: T. Walter, lawyer)

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

Other party to the proceedings before the Board of Appeal: Distribuidora comercial del frio, SA (Madrid, Spain)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 January 2011 in Case R 803/2010-2; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘DISCO DESIGNER’ for goods in Classes 11, 19 and 20.

Proprietor of the mark or sign cited in the opposition proceedings: Distribuidora comercial del frio, SA.

Mark or sign cited in opposition: Figurative mark including the word element ‘DISCO’ for goods in Class 11.

Decision of the Opposition Division: To uphold the opposition.

Decision of the Board of Appeal: To dismiss the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2011152EN.01003001-E0001) since there is no likelihood of confusion between the marks in question and the Board of Appeal incorrectly held that the goods at issue were identical.

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