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Valentina R., lawyer
EN
2012/C 227/39
Language in which the application was lodged: Italian
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)
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
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