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30.1.2010 |
EN |
Official Journal of the European Union |
C 24/66 |
Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
(Case T-477/09)
2010/C 24/116
Language in which the application was lodged: Spanish
Parties
Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, 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: Bricocenter Italia Srl (Rozzano Milanofiori (Milan), Italy)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 — R 1008/2008-4. |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Bricocenter S.r.l.
Community trade mark concerned: Figurative mark containing the word element ‘BRICOCENTER’ (Application No 4 934 121) in respect of services in Class 35.
Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.
Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTRO’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTRO’ (No 989 046) in respect of services in Classes 35, 37 and 39.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.
Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.