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Case T-437/09: Action brought on 19 October 2009 — Oyster Cosmetics v OHIM — Kadabell (OYSTER COSMETICS)
ECLI:EU:UNKNOWN:62009TN0437
62009TN0437
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Valentina R., lawyer
16.1.2010
EN
Official Journal of the European Union
C 11/32
(Case T-437/09)
2010/C 11/60
Language in which the application was lodged: English
Parties
Applicant: Oyster Cosmetics SpA (Castiglione delle Stiviere, Italy) (represented by: A. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kadabell GmbH & Co. KG (Lenzkirch, Germany)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2009 in case R 1367/2008-1;
—Order the adverse parties to bear the costs of the present proceedings.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark “OYSTER COSMETICS”, for goods in class 3
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited: Community trade mark registration of the figurative mark “KADUS OYSTRA AUTO STOP PROTECTION” for goods in class 3
Decision of the Opposition Division: Allowed the opposition partially
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.