CELEX: 62010TN0022
Language: en
Date: 2010-01-25 00:00:00
Title: Case T-22/10: Action brought on 25 January 2010 — Esprit International v OHIM — Marc O’Polo International (Representation of the letter e on a trouser pocket)

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/42
            
         Action brought on 25 January 2010 — Esprit International v OHIM — Marc O’Polo International (Representation of the letter ‘e’ on a trouser pocket)
   (Case T-22/10)
   2010/C 100/66
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Esprit International LP (New York, United States of America) (represented by: M. Treis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Marc O’Polo International GmbH (Stephanskirchen, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2009 in Case R 1666/2008-4;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Esprit International
   
      Community trade mark concerned: a figurative mark representing the letter ‘e’ on a trouser pocket for goods in Classes 18 and 25 (Application No 5 089 859)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Marc O’Polo International GmbH
   
      Mark or sign cited in opposition: in particular, a German figurative mark No 30 303 672 representing the letter ‘e’ for goods in Classes 18 and 25
   
      Decision of the Opposition Division: Opposition upheld
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).