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Case T-288/12: Action brought on 26 June 2012 — EI du Pont de Nemours v OHIM — Zueco Ruiz (ZYTEL)
ECLI:EU:UNKNOWN:62012TN0288
62012TN0288
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EN
Official Journal of the European Union
C 273/13
(Case T-288/12)
2012/C 273/23
Language in which the application was lodged: English
Parties
Applicant: EI du Pont de Nemours and Company (Wilmington, United States) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Enrique Zueco Ruiz (Zaragoza, Spain)
Form of order sought
—Set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in case R 464/2011-2; and
—Order that the costs of the proceedings be borne by the defendant.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘ZYTEL’ for goods and services in classes 9, 12 and 37
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 369314, of the word mark ‘ZYTEL’, for goods in classes 1 and 17; Well-known mark ‘ZYTEL’, for goods in classes 1 and 17
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and Article 8(5) of Council Regulation (EC) No 207/2009.