CELEX: 62007TN0327
Language: en
Date: 2007-08-29 00:00:00
Title: Case T-327/07: Action brought on 29 August 2007 — Patrick Holding v OHIM — Cassera (PATRICK EXCLUSIVE)

20.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/39
            
         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
   
               —
            
            
               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;
            
         
               —
            
            
               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.