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Case T-514/08: Action brought on 26 November 2006 — Laboratorios Byly v OHIM — Ginis (BILLY'S Products)
ECLI:EU:UNKNOWN:62008TN0514
62008TN0514
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Valentina R., lawyer
24.1.2009
EN
Official Journal of the European Union
C 19/35
(Case T-514/08)
(2009/C 19/67)
Language in which the application was lodged: Spanish
Parties
Applicant: Laboratorios Byly, SA (Barcelona, Spain) (represented by: L. Plaza Fernandez-Villa, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Vasileios Ginis (Athens, Greece)
Form of order sought
—The contested decision be annulled;
—the defendant be ordered to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Vasileios Ginis.
Community trade mark concerned: Figurative mark ‘BILLY'S products’ (application No 4.215.273) for goods in Class 3.
Proprietor of the mark or sign cited in the opposition proceedings: Laboratorios Byly.
Mark or sign cited in opposition: Community word marks ‘BYLY’ (application No 156.216) for goods in Class 3, and ‘byly’ (application No 2.604.015) for goods in Classes 3 and 5, and services in Class 35.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark.