17.4.2010

Official Journal of the European Union

C 100/42

Action brought on 25 January 2010 — Esprit International v OHIM — Marc O’Polo International (Representation of the letter ‘e’ on a trouser pocket)

(Case T-22/10)

2010/C 100/66

Language in which the application was lodged: German

Parties

Applicant: Esprit International LP (New York, United States of America) (represented by: M. Treis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Marc O’Polo International GmbH (Stephanskirchen, Germany)

Form of order sought

—Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2009 in Case R 1666/2008-4;

—order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Esprit International

Community trade mark concerned: a figurative mark representing the letter ‘e’ on a trouser pocket for goods in Classes 18 and 25 (Application No 5 089 859)

Proprietor of the mark or sign cited in the opposition proceedings: Marc O’Polo International GmbH

Mark or sign cited in opposition: in particular, a German figurative mark No 30 303 672 representing the letter ‘e’ for goods in Classes 18 and 25

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since there is no likelihood of confusion between the opposing marks

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).