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5.12.2009 |
EN |
Official Journal of the European Union |
C 297/33 |
Action brought on 19 October 2009 — São Paulo Alpargatas v OHIM — Fischer (BAHANIAS LAS ORIGINALES)
(Case T-422/09)
2009/C 297/51
Language in which the application was lodged: Spanish
Parties
Applicant: São Paulo Alpargatas, SA (represented by: P. Merino Baylos, 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: Enrique Fischer
Form of order sought
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uphold the application and annul the decision of the Second Board of Appeal of OHIM of 17 August 2009, with all the appropriate consequences under Community law; |
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order OHIM to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Enrique Fischer
Community trade mark concerned: Figurative mark containing the verbal component “BAHIANAS (LAS ORIGINALES)” (Application No 5 024 591) for goods in class 25.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: Community figurative mark containing the verbal component “havaianas” (No 3 772 431), Spanish figurative mark containing the verbal component “havaianas” (M 2 341 904) and Spanish word mark “HAVAIANAS” (M 2 341 905), all for goods in class 25.
Decision of the Opposition Division: Refusal of the application for a Community mark in its entirety.
Decision of the Board of Appeal: Annulment of the contested decision.
Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009.