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Case T-214/09: Action brought on 26 May 2009 — COR Sitzmöbel Helmut Lübke v OHIM — El Corte Inglés (COR)
ECLI:EU:UNKNOWN:62009TN0214
62009TN0214
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EN
Official Journal of the European Union
C 180/57
(Case T-214/09)
2009/C 180/106
Language in which the application was lodged: German
Parties
Applicant: COR Sitzmöbel Helmut Lübke (Rheda-Wiedenbrück, Germany) (represented by Y-G. von Amsberg, 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: El Corte Inglés (Madrid, Spain)
Form of order sought
—Annul the decision of the Second Board of Appeal of 4 March 2009 (R 376/2008-2); and
—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: Word Mark ‘COR’ for goods in Classes 20 and 27 (International Registration No 839 721)
Proprietor of the mark or sign cited in the opposition proceedings: El Corte Inglés, SA
Mark or sign cited in opposition: Word Mark ‘CADENACOR’ (Community Trade mark No 2 362 598) for goods in Class 20
Decision of the Examiner: Refusal of Protection
Decision of the Board of Appeal: Dismissal of the Appeal
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 (1)), in as much as there is no likelihood of confusion between the opposing marks.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).