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5.6.2010 |
EN |
Official Journal of the European Union |
C 148/40 |
Action brought on 24 March 2010 — Solae v OHIM — Délitaste (alpha taste)
(Case T-145/10)
2010/C 148/67
Language in which the application was lodged: English
Parties
Applicant: Solae Holdings LLC (St. Louis, United States) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Délitaste S.A. Industrielle et Commerciale d’Aliments (Thessaloniki, Greece)
Form of order sought
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Deem the present appeal and attached documents to have been duly filed; |
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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 16 December 2009 in case R 92/2009-2; and |
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Order the defendant to bear 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 “alpha taste”, for goods and services in classes 29, 30, 39 and 43
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: Community trade mark registration of the mark “ALPHA”, for goods in class 29
Decision of the Opposition Division: Partially admitted the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was only a partial likelihood of confusion between the trade marks concerned.