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Case T-422/09: Action brought on 19 October 2009 — São Paulo Alpargatas v OHIM — Fischer (BAHANIAS LAS ORIGINALES)
ECLI:EU:UNKNOWN:62009TN0422
62009TN0422
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Valentina R., lawyer
5.12.2009
EN
Official Journal of the European Union
C 297/33
(Case T-422/09)
2009/C 297/51
Language in which the application was lodged: Spanish
Parties
Applicant: São Paulo Alpargatas, SA (represented by: P. Merino Baylos, 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: Enrique Fischer
Form of order sought
—uphold the application and annul the decision of the Second Board of Appeal of OHIM of 17 August 2009, with all the appropriate consequences under Community law;
—order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Enrique Fischer
Community trade mark concerned: Figurative mark containing the verbal component “BAHIANAS (LAS ORIGINALES)” (Application No 5 024 591) for goods in class 25.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: Community figurative mark containing the verbal component “havaianas” (No 3 772 431), Spanish figurative mark containing the verbal component “havaianas” (M 2 341 904) and Spanish word mark “HAVAIANAS” (M 2 341 905), all for goods in class 25.
Decision of the Opposition Division: Refusal of the application for a Community mark in its entirety.
Decision of the Board of Appeal: Annulment of the contested decision.
Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009.