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Case T-370/07: Action brought on 26 September 2007 — Patrick Holding v OHIM — Cassera (Patrick Exclusive)
ECLI:EU:UNKNOWN:62007TN0370
62007TN0370
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Valentina R., lawyer
24.11.2007
EN
Official Journal of the European Union
C 283/36
(Case T-370/07)
(2007/C 283/65)
Language in which the application was lodged: English
Parties
Applicant: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løje, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cassera SpA. (Milan, Italy)
Form of order sought
—The applicant requests that the decision taken by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 26 July 2007 in case R1447/2005-2 be annulled;
—that the defendant is ordered to register the contested trademark;
—that the defendant pays the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: Patrick Holding ApS
Community trade mark concerned: The Community figurative mark ‘PATRICK EXCLUSIVE’ for goods in class 25 — application No 2 946 424
Proprietor of the mark or sign cited in the opposition proceedings: Cassera SpA
Mark or sign cited: The Community word mark ‘G. Patrick’ for goods in class and 25 and the national and international word mark ‘G. Patrick’ for goods in classes 24 and 25
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of the Council Regulation (EC) No 40/94.