Source: EURLEX
Language: en
Format: md

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| 20.10.2007 | EN | Official Journal of the European Union | C 247/39 |

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Action brought on 29 August 2007 — Patrick Holding v OHIM — Cassera (PATRICK EXCLUSIVE)

(Case T-327/07)

(2007/C 247/64)

Language in which the application was lodged: English

Parties

Applicant: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løje, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cassera SpA (Milan, Italy)

Form of order sought

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| — | The decision taken by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 28 June 2007 in Case No R 727/2006-2 be annulled and the defendant be ordered to register the contested trade mark; |

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| — | the defendant pays the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘PATRICK EXCLUSIVE’ for goods in class 25 — application No 3 063 427

Proprietor of the mark or sign cited in the opposition proceedings: Cassera SpA

Mark or sign cited: Community, national and international figurative marks and word marks ‘G. PATRICK’ for goods in classes 24 and 25

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as there is no likelihood of confusion between the conflicting trade marks.

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