Source: EURLEX
Language: en
Format: md

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| 30.4.2011 | EN | Official Journal of the European Union | C 130/15 |

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Action brought on 16 February 2011 — Apollo Tyres v OHIM — Endurance Technologies (ENDURACE)

(Case T-109/11)

2011/C 130/28

Language in which the application was lodged: English

Parties

Applicant: Apollo Tyres AG (Baden, Switzerland) (represented by: S. Szilvasi, lawyer)

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

Other party to the proceedings before the Board of Appeal: Endurance Technologies Pvt Ltd (Aurangabad, India)

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 25 November 2010 in case R 625/2010-1; |

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| — | Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ENDURACE’, for goods in class 12 and services in classes 35 and 37 — Community trade mark application No 6419824

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 5819149 of the figurative mark ‘ENDURANCE’ and device in colours, for goods in class 12

Decision of the Opposition Division: Partially rejected the Community trade mark application

Decision of the Board of Appeal: Rejected the applicant’s appeal and partially allowed the opponents’ request submitted under Article 8(3) RPBoA[(1)](#ntr1-C_2011130EN.01001503-E0001), and as a result partially rejected the Community trade mark 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 likelihood of confusion.

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