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Case T-214/12: Action brought on 21 May 2012 — Indesit Company v OHIM — ILVE (quadrio)

ECLI:EU:UNKNOWN:62012TN0214

62012TN0214

May 21, 2012
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28.7.2012

EN

Official Journal of the European Union

C 227/23

(Case T-214/12)

2012/C 227/39

Language in which the application was lodged: Italian

Parties

Applicant: Indesit Company SpA (Fabriano, Italy) (represented by: G. Floridia and R. Floridia, lawyers)

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

Other party to the proceedings before the Board of Appeal: ILVE-Industria Lavorazione Veneta Elettrodomestici SpA (Campodarsego, Italy)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of OHIM of 14 March 2012 in Case R 2219/2010-1 and declare Community trade mark No 7 313 158, which will use the word ‘quadrio’ in special writing to mark refrigerators, legally capable of being registered

Pleas in law and main arguments

Applicant for a Community trade mark: Indesit Company SpA

Community trade mark concerned: Figurative mark ‘quadrio’ for goods in Class 11 — Application No 7 313 158

Proprietor of the mark or sign cited in the opposition proceedings: ILVE-Industria Lavorazione Veneta Elettrodomestici SpA

Mark or sign cited in opposition: Word mark ‘QUADRA’ for goods in Class 11

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009

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