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Case T-218/12: Action brought on 22 May 2012 — Micrus Endovascular v OHIM — Laboratorios Delta (DELTA)
ECLI:EU:UNKNOWN:62012TN0218
62012TN0218
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Official Journal of the European Union
C 217/26
(Case T-218/12)
2012/C 217/55
Language in which the application was lodged: English
Parties
Applicant: Micrus Endovascular LLC (Wilmington, United States) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Laboratorios Delta Lda (Queluz, Portugal)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2012 in case R 244/2011-2; and
—Order that the respondent pays the applicant its costs incurred before the Board of Appeal and the General Court.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘DELTA’, for goods in class 10 — Community trade mark application No 6655906
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: International trade mark registration No 131374 of the figurative mark ‘DELTA PORTUGAL’, for goods in class 5; Portuguese trade mark registration No 140578 of the figurative mark ‘DELTA PORTUGAL’, for goods in class 5; Registered trade name No 23113 ‘LABORATORIOS DELTA’
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.