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31.7.2010 |
EN |
Official Journal of the European Union |
C 209/45 |
Action brought on 24 May 2010 — Scatizza v OHIM — Jacinto (HORSE COUTURE)
(Case T-238/10)
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2010/C 209/69
Language in which the application was lodged: English
Parties
Applicant: Stephanie Scatizza (Lugano, Switzerland) (represented by: P. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Manuel Jacinto, Lda (S. Paio de Oleiros, Portugal)
Form of order sought
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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 5 March 2010 in case R 723/2009-2; |
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Order the defendant to bear the costs of the proceedings; and |
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Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, should it become an intervening party in this case. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘HORSE COUTURE’, for goods in class 18 — Community trade mark application No 6030399
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited: Portuguese trade mark registration No 379879 of the figurative mark ‘HORSE’, for goods in class 18
Decision of the Opposition Division: Upheld the opposition partially
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 assessed that there was a likelihood of confusion between the concerned trade marks.