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Case T-239/12: Action brought on 30 May 2012 — Jyoti Ceramic Industries v OHIM — DeguDent (ZIECON)
ECLI:EU:UNKNOWN:62012TN0239
62012TN0239
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14.7.2012
Official Journal of the European Union
C 209/13
(Case T-239/12)
2012/C 209/22
Language in which the application was lodged: German
Parties
Applicant: Jyoti Ceramic Industries PVT. Ltd (Nashik, India) (represented by: R. Egerer, D. Jochim and A. Kolb, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: DeguDent GmbH (Hanau-Wolfgang, 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 21 March 2012 in Case R 2546/2010-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Jyoti Ceramic Industries
Community trade mark concerned: Figurative mark ‘ZIECON’ for goods in Classes 5, 10 and 40 (application No 8 272 271)
Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH
Mark or sign cited in opposition: Word mark ‘CERCON’ for goods in Classes 5, 9 and 10
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal allowed and registration refused
Pleas in law:
—Infringement of Article 8(1)(b) of Regulation No 207/2009
—Infringement of Article 76 of Regulation No 207/2009 in conjunction with Rules 50(1) and 19(1) and (3) of the implementing regulation