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12.9.2009 |
EN |
Official Journal of the European Union |
C 220/39 |
Action brought on 9 July 2009 — Aiello v OHIM — Cantoni ITC (100 % Capri)
(Case T - 279/09)
2009/C 220/83
Language in which the application was lodged: Italian
Parties
Applicant: Antonio Aiello (Vico Equense, Italy) (represented by: M. Coccia and L. Pardo, 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: Cantoni ITC SpA (Milan, Italy)
Form of order sought
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Annul the decision of the First Board of Appeal of OHIM of 2 April 2009, notified by fax on 14 May 2009, in case R 1148/2008-1 between Antonio Aiello and Cantoni ITC SpA and, by way of correction, reject opposition B 856 163 to the registration of the trade mark ‘100 % CAPRI’ for goods in Classes 3, 18 and 25 (No 003563848). |
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Order the defendant to pay all the costs of the proceedings before the Court of First Instance of the European Communities. |
Pleas in law and main arguments
Applicant for a Community trade mark: Antonio Aiello
Community trade mark concerned: Figurative mark composed of the word and number elements ‘100 % Capri’ (registration application No 3 563 848) for goods in Classes 3, 18 and 25.
Proprietor of the mark or sign cited in the opposition proceedings: CANTONI L.T.C. S.p.A.
Mark or sign cited in opposition: Community figurative mark (registration application No 2 689 891) and national figurative mark composed of the word element ‘CAPRI’ for goods in Classes 3, 18 and 25.
Decision of the Opposition Division: Upheld the opposition and rejected the application for registration for all the contested goods.
Decision of the Board of Appeal: Dismissed the appeal.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark and Articles 50(1) and 20(2) of Regulation (EC) No 2868/95 implementing Regulation (EC) No 40/94 on the Community trade mark (replaced by Regulation No 207/2009).