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Valentina R., lawyer
Language in which the application was lodged: Spanish
Applicant: Eugenia Montero Padilla (Madrid, Spain) (represented by: G. Aguillaume Gandasegui and P. Linde Puelles, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: José María Padilla Requena
Annul OHIM's decision of 1 March 2008 and order that the application for registration be refused in respect of Community trade mark ‘JOSE PADILLA’ for Classes 9a, 23a and 41a.
Applicant for a Community trade mark: Eugenia Montero Padilla
Community trade mark concerned: Word mark ‘JOSE PADILLA’ (registration application No 2.844.066) for goods and services in Classes 9, 25 and 41.
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: Word mark ‘JOSE PADILLA’ (registration application No 2.844.066) for goods and services in Class 41.
Decision of the Opposition Division: Dismissal of the opposition
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Incorrect application of Articles 4 and 7(1)(a),(b),(c) and (f) Article 8(1) and (5) of Regulation (EC) No 40/94 on the Community trade mark.