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Document 62009TN0279

Case T - 279/09: Action brought on 9 July 2009 — Aiello v OHIM — Cantoni ITC (100 % Capri)

OJ C 220, 12.9.2009, p. 39–40 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.9.2009   

EN

Official Journal of the European Union

C 220/39

Action brought on 9 July 2009 — Aiello v OHIM — Cantoni ITC (100 % Capri)

(Case T - 279/09)

2009/C 220/83

Language in which the application was lodged: Italian

Parties

Applicant: Antonio Aiello (Vico Equense, Italy) (represented by: M. Coccia and L. Pardo, 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: Cantoni ITC SpA (Milan, Italy)

Form of order sought

—

Annul the decision of the First Board of Appeal of OHIM of 2 April 2009, notified by fax on 14 May 2009, in case R 1148/2008-1 between Antonio Aiello and Cantoni ITC SpA and, by way of correction, reject opposition B 856 163 to the registration of the trade mark ‘100 % CAPRI’ for goods in Classes 3, 18 and 25 (No 003563848).

—

Order the defendant to pay all the costs of the proceedings before the Court of First Instance of the European Communities.

Pleas in law and main arguments

Applicant for a Community trade mark: Antonio Aiello

Community trade mark concerned: Figurative mark composed of the word and number elements ‘100 % Capri’ (registration application No 3 563 848) for goods in Classes 3, 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: CANTONI L.T.C. S.p.A.

Mark or sign cited in opposition: Community figurative mark (registration application No 2 689 891) and national figurative mark composed of the word element ‘CAPRI’ for goods in Classes 3, 18 and 25.

Decision of the Opposition Division: Upheld the opposition and rejected the application for registration for all the contested goods.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 on the Community trade mark and Articles 50(1) and 20(2) of Regulation (EC) No 2868/95 implementing Regulation (EC) No 40/94 on the Community trade mark (replaced by Regulation No 207/2009).

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