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Document 62011TN0082

    Case T-82/11: Action brought on 14 February 2011 — Formica v OHIM — Silicalia (CompacTop)

    OJ C 113, 9.4.2011, p. 16–16 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    9.4.2011   

    EN

    Official Journal of the European Union

    C 113/16

    Action brought on 14 February 2011 — Formica v OHIM — Silicalia (CompacTop)

    (Case T-82/11)

    2011/C 113/32

    Language in which the application was lodged: Spanish

    Parties

    Applicant: Formica, SA (Galdakao, Spain) (represented by: A. Goméz López, 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: Silicalia, SL (Valencia, Spain)

    Form of order sought

    The applicant requests the Court to:

    —

    declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark the decision of 9 December 2010 of the First Board of Appeal of OHIM, in Case R 1083/2010-1;

    —

    allow registration of the complex Community trade mark No 6 524 243 CompacTop, in Class 20; and

    —

    order the defendant and, if appropriate, the intervener, to pay the costs of the proceedings.

    Pleas in law and main arguments

    Applicant for a Community trade mark: Formica

    Community trade mark concerned: Figurative mark ‘CompacTop’ for goods in Class 20.

    Proprietor of the mark or sign cited in the opposition proceedings: Silicalia, SL

    Mark or sign cited in opposition: Community and national figurative marks containing the word elements ‘COMPACquartz’, ‘COMPACMARMOL&QUARTZ’ and ‘COMPAC MARMOL&QUARTZ’ for goods and services in Classes 19, 27, 35, 37 and 39.

    Decision of the Opposition Division: Opposition upheld.

    Decision of the Board of Appeal: Appeal dismissed.

    Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) since there is no similarity or 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)

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