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Case T-444/09: Action brought on 29 October 2009 — La City v OHIM — Bücheler and Ewert
ECLI:EU:UNKNOWN:62009TN0444
62009TN0444
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Valentina R., lawyer
16.1.2010
EN
Official Journal of the European Union
C 11/34
(Case T-444/09)
2010/C 11/63
Language in which the application was lodged: French
Parties
Applicant: La City (La Courneuve, France) (represented by: S. Bénoliel-Claux, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal of OHIM: Andreas Bücheler and Konstanze Ewert (Engelskirchen, Germany)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 August 2009 in Case R 233/2008-1;
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Andreas Bücheler and Konstanze Ewert
Community trade mark concerned: the word mark ‘citydogs’ for goods in Classes 16, 18 and 25 (Application No 4 692 381)
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the French word mark ‘CITY’ for goods in Classes 9, 14, 18 and 25; the opposition is against registration in Classes 18 and 25
Decision of the Opposition Division: opposition upheld
Decision of the Board of Appeal: annulment of the contested decision and dismissal of the opposition
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) owing to the absence of likelihood of confusion of the marks at issue