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Document 62007TN0370

    Case T-370/07: Action brought on 26 September 2007 — Patrick Holding v OHIM — Cassera (Patrick Exclusive)

    IO C 283, 24.11.2007, p. 36–36 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    24.11.2007   

    EN

    Official Journal of the European Union

    C 283/36

    Action brought on 26 September 2007 — Patrick Holding v OHIM — Cassera (Patrick Exclusive)

    (Case T-370/07)

    (2007/C 283/65)

    Language in which the application was lodged: English

    Parties

    Applicant: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løje, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Cassera SpA. (Milan, Italy)

    Form of order sought

    —

    The applicant requests that the decision taken by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 26 July 2007 in case R1447/2005-2 be annulled;

    —

    that the defendant is ordered to register the contested trademark;

    —

    that the defendant pays the costs.

    Pleas in law and main arguments

    Applicant for the Community trade mark: Patrick Holding ApS

    Community trade mark concerned: The Community figurative mark ‘PATRICK EXCLUSIVE’ for goods in class 25 — application No 2 946 424

    Proprietor of the mark or sign cited in the opposition proceedings: Cassera SpA

    Mark or sign cited: The Community word mark ‘G. Patrick’ for goods in class and 25 and the national and international word mark ‘G. Patrick’ for goods in classes 24 and 25

    Decision of the Opposition Division: Upheld the opposition in its entirety

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(1)(b) of the Council Regulation (EC) No 40/94.

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