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Case T-48/08: Action brought on 28 January 2008 — Fusco v OHIM — Fusco International (FUSCOLLECTION)
ECLI:EU:UNKNOWN:62008TN0048
62008TN0048
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Valentina R., lawyer
12.4.2008
EN
Official Journal of the European Union
C 92/37
(Case T-48/08)
(2008/C 92/74)
Language in which the application was lodged: Italian
Parties
Applicant: Vincenzo Fusco (represented by: B. Saguatti, 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: Antonio Fusco International SA, Luxembourg (Lugano branch) (Lugano, Switzerland)
Form of order sought
—annul the decision of the Second Board of Appeal of 24 October 2007 and amend it to the effect that the action brought by the applicant before the Board of Appeal should be considered to be well founded and, consequently, the opposition should be upheld;
—order OHIM and the intervening party, Antonio Fusco International SA, to pay the costs of the present proceedings and those of the proceedings before the Board of Appeal and the Opposition Division.
Pleas in law and main arguments
Applicant for a Community trade mark: Antonio Fusco International SA, Luxembourg (Lugano branch)
Community trade mark concerned: Figurative mark FUSCOLLECTION (application for registration No 1.503.366) in respect of goods in Classes 9, 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark (No 727.375) and Italian trade mark (No 489.262) ENZO FUSCO in respect of goods in Class 25
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Art 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark