17.4.2010
EN
Official Journal of the European Union
C 100/64
Action brought on 16 February 2010 — Flaco Geräte v OHIM — Delgado Sánchez (FLACO)
(Case T-74/10)
2010/C 100/94
Language in which the application was lodged: English
Parties
Applicant: Flaco Geräte GmbH (Gütersloh, Germany) (represented by: M. Wirtz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Jesús Delgado Sánchez (Socuellamos, Spain)
Form of order sought
—
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 November 2009 in case R 86/2009-2; and
—
Order the defendant to bear the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘FLACO’, for goods in classes 7, 8, 9 and 11
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited: Spanish trade mark registration of the mark ‘FLACO’, for goods in class 7
Decision of the Opposition Division: Partially rejected the application for the Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1) of Council Regulation No 207/2009 as the Board of Appeal wrongly took into account a wrong translation of the goods covered by the mark cited in the opposition proceedings; infringement of Article 42(2) and (3) of Council Regulation No 207/2009 as the Board of Appeal did not take into account the plea of non use filed by the applicant.
Full & Egal Universal Law Academy