This document is an excerpt from the EUR-Lex website
Document 62010TN0273
Case T-273/10: Action brought on 18 June 2010 — Olive Line International v OHIM — O. International (O·LIVE)
Case T-273/10: Action brought on 18 June 2010 — Olive Line International v OHIM — O. International (O·LIVE)
Case T-273/10: Action brought on 18 June 2010 — Olive Line International v OHIM — O. International (O·LIVE)
OJ C 221, 14.8.2010, p. 56–56
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.8.2010 |
EN |
Official Journal of the European Union |
C 221/56 |
Action brought on 18 June 2010 — Olive Line International v OHIM — O. International (O·LIVE)
(Case T-273/10)
()
2010/C 221/89
Language in which the application was lodged: English
Parties
Applicant: Olive Line International, S.L. (Madrid, Spain) (represented by: P. Koch Moreno, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: O. International, S.r.l (Spoleto, Italy)
Form of order sought
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 April 2010 in case R 4/2009-4; |
— |
Order the defendant to bear the costs of the proceedings; and |
— |
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 other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘O·LIVE’, for goods and services in classes 3 and 44 — Community trade mark application No 5715008
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: Community trade mark registration No 5086657 of the figurative mark ‘Olive Line’, for goods in classes 3, 29 and 30; Spanish trade mark registration No 2741533 of the figurative mark ‘Olive Line’, for goods in classes 3, 29 and 30; Spanish trade mark registration No 2525564 of the word mark ‘Olive Line’, for goods in class 3
Decision of the Opposition Division: Rejected 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 assessed that there was not a likelihood of confusion between the concerned trade marks.