CELEX: 62010TN0145
Language: en
Date: 2010-03-24 00:00:00
Title: Case T-145/10: Action brought on 24 March 2010 — Solae v OHIM — Délitaste (alpha taste)

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/40
            
         Action brought on 24 March 2010 — Solae v OHIM — Délitaste (alpha taste)
   (Case T-145/10)
   2010/C 148/67
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Solae Holdings LLC (St. Louis, United States) (represented by: E. Armijo Chávarri, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Délitaste S.A. Industrielle et Commerciale d’Aliments (Thessaloniki, Greece)
   
      Form of order sought
   
   
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               Deem the present appeal and attached documents to have been duly filed;
            
         
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2009 in case R 92/2009-2; and
            
         
               —
            
            
               Order the defendant to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark “alpha taste”, for goods and services in classes 29, 30, 39 and 43
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: Community trade mark registration of the mark “ALPHA”, for goods in class 29
   
      Decision of the Opposition Division: Partially admitted the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      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 only a partial likelihood of confusion between the trade marks concerned.