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Case T-476/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
ECLI:EU:UNKNOWN:62009TN0476
62009TN0476
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Official Journal of the European Union
C 24/65
(Case T-476/09)
2010/C 24/115
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
—Annul the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 — R 1006/2008-4.
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Bricocenter Italia S.r.l.
Community trade mark concerned: Figurative mark containing the word element ‘BRICOCENTER’ (Application No 4 934 212) 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.