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Document 62010TN0424
Case T-424/10: Action brought on 18 September 2010 — Dosenbach-Ochsner v OHIM — Sisma (Representation of a rectangle with elephants)
Case T-424/10: Action brought on 18 September 2010 — Dosenbach-Ochsner v OHIM — Sisma (Representation of a rectangle with elephants)
Case T-424/10: Action brought on 18 September 2010 — Dosenbach-Ochsner v OHIM — Sisma (Representation of a rectangle with elephants)
OJ C 317, 20.11.2010, p. 36–37
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 18/09/2010
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- German
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
- Link
- EUROVOC descriptor:
|
20.11.2010 |
EN |
Official Journal of the European Union |
C 317/36 |
Action brought on 18 September 2010 — Dosenbach-Ochsner v OHIM — Sisma (Representation of a rectangle with elephants)
(Case T-424/10)
()
2010/C 317/66
Language in which the application was lodged: German
Parties
Applicant: Dosenbach-Ochsner AG Schuhe und Sport (Dietikon, Switzerland) (represented by: O. Rauscher, 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: Sisma SpA (Mantova, 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 15 July 2010 in Case R 1638/2008-4; |
|
— |
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark representing a rectangle with elephants for goods in Classes 10, 16, 21, 24 and 25
Proprietor of the Community trade mark: SISMA S.p.A.
Applicant for the declaration of invalidity: the applicant
Trade mark right of applicant for the declaration: international and national figurative marks representing an elephant and the national word mark ‘elefanten’ for goods in Classes 24 and 25
Decision of the Cancellation Division: rejection of the application for a declaration of invalidity
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) and (2)(a) of Regulation (EC) No 207/2009 (1) as the marks at issue are conceptually, visually and aurally similar and the applicant has expressly submitted that its trade marks have acquired a highly distinctive character as a result of intensive use or their reputation.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
