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Case T-42/09: Action brought on 28 January 2009 — A. Loacker SpA v OHIM
ECLI:EU:UNKNOWN:62009TN0042
62009TN0042
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21.3.2009
EN
Official Journal of the European Union
C 69/52
(Case T-42/09)
(2009/C 69/114)
Language in which the application was lodged: Italian
Parties
Applicant: A. Loacker SpA (Renon, Italy) (represented by: V. Bilardo, C. Bacchini, M. Mazzitelli, 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: Editrice Quadratum SpA (Milan, Italy)
Form of order sought
—Annul the contested decision;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Editrice Quadratum SpA.
Community trade mark concerned: Word mark ‘Quadratum’, registration application No 4653481, for goods in Class 30.
Proprietor of the mark or sign cited in the opposition proceedings: the applicant.
Mark or sign cited in opposition: Community word mark ‘LOACKER QUADRATINI’, for goods in Class 30.
Decision of the Opposition Division: Opposition upheld in part.
Decision of the Board of Appeal: Action brought by the trade mark applicant upheld.
Pleas in law: Infringement of Article 8(1)(b) and of Articles 73 and 74 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.