Source: EURLEX
Language: en
Format: md

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| 20.11.2010 | EN | Official Journal of the European Union | C 317/36 |

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Action brought on 18 September 2010 — Dosenbach-Ochsner v OHIM — Sisma (Representation of a rectangle with elephants)

(Case T-424/10)

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2010/C 317/66

Language in which the application was lodged: German

Parties

Applicant: Dosenbach-Ochsner AG Schuhe und Sport (Dietikon, Switzerland) (represented by: O. Rauscher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sisma SpA (Mantova, 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 (Trade Marks and Designs) of 15 July 2010 in Case R 1638/2008-4; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a rectangle with elephants for goods in Classes 10, 16, 21, 24 and 25

Proprietor of the Community trade mark: SISMA S.p.A.

Applicant for the declaration of invalidity: the applicant

Trade mark right of applicant for the declaration: international and national figurative marks representing an elephant and the national word mark ‘elefanten’ for goods in Classes 24 and 25

Decision of the Cancellation Division: rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) and (2)(a) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2010317EN.01003602-E0001) as the marks at issue are conceptually, visually and aurally similar and the applicant has expressly submitted that its trade marks have acquired a highly distinctive character as a result of intensive use or their reputation.

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