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Document 62010TN0305
Case T-305/10: Action brought on 23 July 2010 — Hartmann-Lamboy v OHIM — Diptyque (DYNIQUE)
Case T-305/10: Action brought on 23 July 2010 — Hartmann-Lamboy v OHIM — Diptyque (DYNIQUE)
Case T-305/10: Action brought on 23 July 2010 — Hartmann-Lamboy v OHIM — Diptyque (DYNIQUE)
OJ C 288, 23.10.2010, p. 41–42
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.10.2010 |
EN |
Official Journal of the European Union |
C 288/41 |
Action brought on 23 July 2010 — Hartmann-Lamboy v OHIM — Diptyque (DYNIQUE)
(Case T-305/10)
()
(2010/C 288/80)
Language in which the application was lodged: German
Parties
Applicant: Marlies Hartmann-Lamboy (Westerburg, Germany) (represented by: R. Loos, 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: DIPTYQUE SAS (Paris, France)
Form of order sought
— |
Annul, in part, the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 May 2010 in Case R 1217/2009-1 or amend it in so far as the applicant was unsuccessful; |
— |
order the Office for Harmonisation in the Internal Market to pay the costs of the opposition proceedings, the appeal and the proceedings before the General Court. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Word mark DYNIQUE for goods and services in classes 3, 41 and 44.
Proprietor of the mark or sign cited in the opposition proceedings: DIPTYQUE SAS
Mark or sign cited in opposition: Word mark DIPTYQUE for goods and services in classes 3, 4 and 35
Decision of the Opposition Division: The opposition was upheld.
Decision of the Board of Appeal: The appeal was dismissed in part.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) since there is no likelihood of confusion between the marks at issue.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).