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Case C-559/08 P: Order of the Court (Fifth Chamber) of 16 September 2010 — Deepak Rajani (Dear!Net Online) v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Artoz-Papier AG (Appeal — Community trade mark — Word mark ATOZ — Opposition by the proprietor of the international word mark ARTOZ — Refusal of registration)
ECLI:EU:UNKNOWN:62008CB0559
62008CB0559
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12.3.2011
EN
Official Journal of the European Union
C 80/6
(Case C-559/08 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Word mark ATOZ - Opposition by the proprietor of the international word mark ARTOZ - Refusal of registration)
2011/C 80/10
Language of the case: English
Parties
Appellant: Deepak Rajani (represented by: A. Kockläuner, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Artoz-Papier AG
Re:
Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 in Case T-100/06 Rajani v OHIM — Artoz-Papier (ATOZ), by which that Court dismissed an action brought by the applicant for the word mark ATOZ, for services in Classes 35 and 41, against Decision R 1126/2004-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 January 2006 dismissing the appeal brought against the decision of the Opposition Division refusing registration of that mark in opposition proceedings brought by the proprietor of the international word mark ‘ARTOZ’ for services in Classes 35 and 41
Operative part of the order
1.The appeal is dismissed.
2.Mr Rajani shall pay the costs.
* * *
(<span class="super">1</span>) OJ C 82, 04.04.2009.