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Valentina R., lawyer
Language in which the application was lodged: English
Applicant: Harry Wind (Selfkant, Germany) (represented by: J. Sroka, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sanyang Industry Co. Ltd (Hsinchu, Taiwan)
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2009 in case R 1470/2008-4; and
—Order the defendant to pay the costs.
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark “Wind”, for goods and services in classes 11, 12 and 37
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: German trade mark registration of the figurative mark “Wind”, for services in class 37
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 40/04 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal failed to conclude that there was similarity between the goods and services covered by the Community trade mark concerned.