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Case T-416/10: Action brought on 15 September 2010 — Yoshida Metal Industry v OHMI — Pi-Design and Others (surface covered with black circles)
ECLI:EU:UNKNOWN:62010TN0416
62010TN0416
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EN
Official Journal of the European Union
C 328/32
(Case T-416/10)
()
2010/C 328/56
Language in which the application was lodged: English
Parties
Applicant: Yoshida Metal Industry Co., Ltd (Niigata, Japan) (represented by: S. Verea, K. Muraro, M. Balestriero, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal: Pi-Design AG (Triengen, Switzerland), Bodum France SA (Neuilly sur Seine, France), Bodum Logistics A/S (Billund, Denmark)
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 20 May 2010 in case R 1237/2008-1;
—Confirm the decision of the Cancellation Division of 15 July 2008 regarding Community trade mark application No 1372580;
—Confirm the validity of Community trade mark registration No 1372580;
—Order the defendant and the other parties to the proceedings before the Board of Appeal to pay the costs of the proceedings.
Pleas in law and main arguments
Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark representing a surface covered with black circles for goods in classes 8 and 21 — Community trade mark registration No 1372580
Proprietor of the Community trade mark: The applicant
Party requesting the declaration of invalidity of the Community trade mark: The other parties to the proceedings before the Board of Appeal
Trade mark right of the parties requesting the declaration of invalidity: The parties requesting the declaration of invalidity grounded their request on absolute grounds for refusal pursuant to Article 7 of Council Regulation (EC) No 207/2009
Decision of the Cancellation Division: Rejected the application for declaration of invalidity of the Community trade mark
Decision of the Board of Appeal: Annulled the contested decision and declared the Community trade mark registration invalid
Pleas in law: Infringement of Article 7(1)(e)(ii) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in concluding that the provisions of this article are applicable to the contested Community trade mark.