Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62013TN0077

    Case T-77/13: Action brought on 31 January 2013 — Laboratoires Polive/OHIM — Arbora & Ausonia (DODIE)

    IO C 108, 13.4.2013, p. 31–31 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    13.4.2013   

    EN

    Official Journal of the European Union

    C 108/31

    Action brought on 31 January 2013 — Laboratoires Polive/OHIM — Arbora & Ausonia (DODIE)

    (Case T-77/13)

    2013/C 108/78

    Language in which the application was lodged: English

    Parties

    Applicant: Laboratoires Polive (Levallois Perret, France) (represented by: A. Sion, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Arbora & Ausonia, SL (Barcelona, Spain)

    Form of order sought

    The applicant claims that the Court should:

    —

    Annul the contested decision rendered by the second Board of Appeal which has annulled the decision from the Opposition Division,

    —

    Reject the opposition in its entirety, and

    —

    Order the OHIM to pay the costs.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The applicant

    Community trade mark concerned: The word mark ‘DODIE’, for goods in classes 3, 5 and 10 — Community trade mark application No 5 665 104

    Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

    Mark or sign cited in opposition: Community trade marks and national trade marks of figurative and word marks containing the word element ‘DODIS’, ‘DODIES’ or ‘DODOT’ for goods and services in classes 3, 5, 10, 12, 16, 18, 20, 21, 24, 25, 28, 35, and 44

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

    Decision of the Board of Appeal: Upheld the appeal partly and annulled the contested decision with respect to certain goods of classes 3, 5 and 10

    Pleas in law: Infringement of Articles 8(1)(b) Council Regulation No 207/2009.

    Top