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20.10.2007 |
EN |
Official Journal of the European Union |
C 247/39 |
Action brought on 29 August 2007 — Patrick Holding v OHIM — Cassera (PATRICK EXCLUSIVE)
(Case T-327/07)
(2007/C 247/64)
Language in which the application was lodged: English
Parties
Applicant: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løje, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cassera SpA (Milan, Italy)
Form of order sought
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The decision taken by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 28 June 2007 in Case No R 727/2006-2 be annulled and the defendant be ordered to register the contested trade mark; |
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the defendant pays the costs. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘PATRICK EXCLUSIVE’ for goods in class 25 — application No 3 063 427
Proprietor of the mark or sign cited in the opposition proceedings: Cassera SpA
Mark or sign cited: Community, national and international figurative marks and word marks ‘G. PATRICK’ for goods in classes 24 and 25
Decision of the Opposition Division: Opposition upheld in its entirety
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 there is no likelihood of confusion between the conflicting trade marks.