CELEX: 62009TN0262
Language: en
Date: 2009-07-06 00:00:00
Title: Case T-262/09: Action brought on 6 July 2009 — Defense Technology v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)

29.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/45
            
         Action brought on 6 July 2009 — Defense Technology v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)
   (Case T-262/09)
   2009/C 205/83
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Defense Technology Corporation of America (Jacksonville, United States) (represented by: R. Kunze, lawyer and Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: DEF-TEC Defense Technology GmbH (Frankfurt/Main, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2009 in case R 493/2002-4 (II); and
            
         
               —
            
            
               Order the defendant 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 ‘FIRST DEFENSE AEROSOL PEPPER PROJECTOR’, for goods in classes 5, 8 and 13 — application No 643 668
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: United States trade mark registration for the word mark ‘FIRST DEFENSE’ for goods in class 13; Two United States trade mark registrations of figurative marks for goods in class 13; An earlier well-known mark in Belgium, Germany and France ‘FIRST DEFENSE’; An earlier well-known mark in Belgium, Germany and France ‘FIRST DEFENSE AND DESIGN’; An earlier non-registered work mark ‘FIRST DEFENSE’ protected in Germany and France; An earlier non-registered mark in Belgium, Germany and France ‘FIRST DEFENSE AND DESIGN’; A trade name ‘FIRST DEFENSE’, protected in Germany
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the opposition
   
      Pleas in law: Infringement of Article 8(3) of Council Regulation 207/2009 as the Board of Appeal did not properly apply the said provision and, moreover, wrongly rendered a decision based on a flawed understanding of the facts presented; Infringement of Articles 65, 75 and 76 of Council Regulation 207/2009 as the Board of Appeal failed to take the necessary measures to comply with the judgment of the Court of First Instance of 6 September 2006 in case T-6/05 DEF-TEC Defense Technology v OHIM — Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)