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Case T-60/09: Action brought on 16 February 2009 — Herhof v OHIM — Stabilator (stabilator)

ECLI:EU:UNKNOWN:62009TN0060

62009TN0060

January 1, 2009
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EN

Official Journal of the European Union

C 102/20

(Case T-60/09)

2009/C 102/32

Language in which the application was lodged: German

Parties

Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, 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: Stabilator sp. z o.o. (Gydnia, Poland)

Form of order sought

Anuul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2008 in Joined Cases R 483/2008-4 and R 705/2008-4;

Order the applicant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Stabilator sp. z o.o.

Community trade mark concerned: the figurative mark ‘stabilator’ for goods and services in Classes 19, 37 and 42, Application No 4 068 961

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the word mark ‘STABILAT’ for goods in Classes 1, 7, 11, 20, 37, 40 and 42

Decision of the Opposition Division: opposition allowed in part and application rejected in part

Decision of the Board of Appeal: annulment in part of the contested decision and rejection of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, because there is a likelihood of confusion between the marks at issue or at least a likelihood of association.

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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