CELEX: 62010TN0072
Language: en
Date: 2010-02-15 00:00:00
Title: Case T-72/10: Action brought on 15 February 2010 — Intermark Srl v OHIM

1.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/52
            
         Action brought on 15 February 2010 — Intermark Srl v OHIM
   (Case T-72/10)
   2010/C 113/83
   Language in which the application was lodged: Hungarian
   
      Parties
   
   
      Applicant(s): Intermark Srl (Stei, Romania) (represented by: Á.M. László, ügyvéd)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party/parties to the proceedings before the Board of Appeal of OHIM: Natex International Trade SpA (Pioltello, Italy)
   
      Form of order sought
   
   
               —
            
            
               Amendment of the decision of the defendant and dismissal in its entirety of the application for registration with regard to all goods;
            
         
               —
            
            
               An order that the defendant bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Natex International Trade SpA
   
      Community trade mark concerned: the word mark ‘NATY’S’ for goods in classes 29, 30 and 32 (application for registration No 5 810 627)
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the figurative mark ‘Naty’ for goods and services in classes 30 and 35 (Community trade mark No 4 149 456)
   
      Decision of the Opposition Division: opposition upheld in part
   
      Decision of the Board of Appeal: dismissal of the application
   
      Pleas in law: breach of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) in that there is a likelihood of confusion between the marks at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).