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Document 62010TN0581

Case T-581/10: Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)

OJ C 63, 26.2.2011, p. 29–30 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)



Official Journal of the European Union

C 63/29

Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)

(Case T-581/10)

2011/C 63/56

Language in which the application was lodged: German


Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Brawn LLC (Weekhawken, United States of America)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 October 2010 in Case R 1580/2009-1;

Order the defendant to bear its own costs and pay those incurred by the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘X-Undergear’ for goods and services in Classes 23 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: Brawn LLC.

Mark or sign cited in opposition: National and Community word mark ‘UNDERGEAR’ for goods in Class 25.

Decision of the Opposition Division: Upheld the opposition.

Decision of the Board of Appeal: Dismissed the appeal.

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 two 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).