CELEX: 62008TN0162
Language: en
Date: 2008-04-29 00:00:00
Title: Case T-162/08: Action brought on 29 April 2008 — Frag Comercio Internacional v OHIM — Tinkerbell Modas (GREEN by missako)

5.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/40
            
         Action brought on 29 April 2008 — Frag Comercio Internacional v OHIM — Tinkerbell Modas (GREEN by missako)
   (Case T-162/08)
   (2008/C 171/78)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Frag Comercio Internacional, SL (Esparraguera, Spain) (represented by: E. Sugrañes, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tinkerbell Modas, Ltda (São Paulo, Brazil)
   Form of order sought
   
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               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 February 2008 in case R 1527/2006-2;
            
         
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               reject the application for Community trade mark No 3 663 234; and
            
         
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               order the other party to the proceedings before the Board of Appeal to pay 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 ‘GREEN by missako’ for goods and services in classes 3, 25, 35 — application No 3 663 234
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The Community figurative trade mark ‘MI SA KO’ for goods in classes 18 and 25; the national figurative trade mark ‘MI SA KO’ for services in class 35
   
      Decision of the Opposition Division: Dismissal of the opposition
   
      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 a mere global likelihood of confusion among consumers is required in order to deny a Community trade mark application.