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Case T-500/10: Action brought on 19 October 2010 — Dorma v OHIM — Puertas Doorsa (doorsa FÁBRICA DE PUERTAS AUTOMÁTICAS)
ECLI:EU:UNKNOWN:62010TN0500
62010TN0500
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Valentina R., lawyer
18.12.2010
EN
Official Journal of the European Union
C 346/52
(Case T-500/10)
()
2010/C 346/103
Language in which the application was lodged: English
Parties
Applicant: Dorma GmbH & Co. KG (Ennepetal, Germany) (represented by: P. Koch Moreno, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Puertas Doorsa, SL (Petrel, Spain)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 August 2010 in case R 542/2009-4; and
—Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings.
Pleas in law and main arguments
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark “doorsa FÁBRICA DE PUERTAS AUTOMÁTICAS”, for goods in classes 6, 9 and 19 — Community trade mark application No 4884359
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: German trade mark registration No 39525884 of the figurative mark “DORMA”, for goods and services in classes 6, 9, 16, 19 and 37; United Kingdom trade mark registration No 2201691 of the word mark “DORMA” for goods in classes 6, 7, 9, 16 and 19; International trade mark registration No 722009 of the figurative trade mark “DORMA” for goods in classes 6, 7, 9, 16 and 19
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: The applicant considers that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the Board of Appeal misapplied the provisions of this article to the contested trade mark.