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Case T-327/07: Action brought on 29 August 2007 — Patrick Holding v OHIM — Cassera (PATRICK EXCLUSIVE)
ECLI:EU:UNKNOWN:62007TN0327
62007TN0327
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Official Journal of the European Union
C 247/39
(Case T-327/07)
(2007/C 247/64)
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 decision taken by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 28 June 2007 in Case No R 727/2006-2 be annulled and the defendant be ordered to register the contested trade mark;
—the defendant pays the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘PATRICK EXCLUSIVE’ for goods in class 25 — application No 3 063 427
Proprietor of the mark or sign cited in the opposition proceedings: Cassera SpA
Mark or sign cited: Community, national and international figurative marks and word marks ‘G. PATRICK’ for goods in classes 24 and 25
Decision of the Opposition Division: Opposition upheld in its entirety
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as there is no likelihood of confusion between the conflicting trade marks.