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28.8.2010 |
EN |
Official Journal of the European Union |
C 234/45 |
Action brought on 21 June 2010 — K-Mail Order v OHIM — IVKO (MEN’Z)
(Case T-279/10)
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2010/C 234/81
Language in which the application was lodged: German
Parties
Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher, 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: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, Germany)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2010 in Case R 746/2009-1; |
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Uphold the opposition against allowing the contested Community trade mark application; in the alternative, refer the case back to the Board of Appeal for further consideration; |
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Order the unsuccessful party to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: IVKO Industrieprodukt-Vertriebskontakt GmbH
Community trade mark concerned: the figurative mark MEN’Z for goods in Classes 9, 14 and 18
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the company name ‘WENZ’ used in Germany in the course of trade for goods in Classes 14, 18 and 25
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(4) in conjunction with Article 41(1)(c) of Regulation (EC) No 207/2009 (1) and infringement of Article 76(1) of that regulation as the applicant’s company name is of more than mere local significance
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).