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Document 62009TN0152
Case T-152/09: Action brought on 11 April 2009 — Rintisch v OHIM — Valfeuri Pates Alimentaires (PROTIACTIVE)
Case T-152/09: Action brought on 11 April 2009 — Rintisch v OHIM — Valfeuri Pates Alimentaires (PROTIACTIVE)
Case T-152/09: Action brought on 11 April 2009 — Rintisch v OHIM — Valfeuri Pates Alimentaires (PROTIACTIVE)
OJ C 153, 4.7.2009, p. 42–42
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
4.7.2009 |
EN |
Official Journal of the European Union |
C 153/42 |
Action brought on 11 April 2009 — Rintisch v OHIM — Valfeuri Pates Alimentaires (PROTIACTIVE)
(Case T-152/09)
2009/C 153/82
Language in which the application was lodged: English
Parties
Applicants: Bernhard Rintisch (Bottrop, Germany) (represented by: A. Dreyer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Valfeuri Pates Alimentaires SA (Wittenheim, France)
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 3 February 2009 in case R 1661/2007-4; and |
— |
Order OHIM to pay the costs |
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 word mark “PROTIACTIVE”, for goods in classes 5, 29 and 30 — application No 4 843 348
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: German trade mark registration of the word mark “PROTI” for goods in classes 29 and 32; German trade mark registration of the figurative mark “PROTIPOWER” for goods in classes 5, 29 and 32; German trade mark registration of the word mark “PROTIPLUS” for goods in classes 5, 29 and 32; German trade mark registration of the trade word “PROTITOP” for goods in classes 5, 29, 30 and 32; Community trade mark registration of the word mark “PROTI” for goods in classes 5 and 29
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 40/94 (1) (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal failed to assess the opposition on its merits; Infringement of Article 74(2) of Council Regulation 40/94 (which became Article 76(2) of Council Regulation 207/2009) as the Board of Appeal failed to exercise discretion or at least failed to state reasons how it exercised discretion; Misuse of power as the Board of Appeal erred by not taking into account documents and evidence submitted by the applicant.
(1) Replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, OJ L 78, p. 1