14.7.2012
EN
Official Journal of the European Union
C 209/13
Action brought on 30 May 2012 — Jyoti Ceramic Industries v OHIM — DeguDent (ZIECON)
(Case T-239/12)
2012/C 209/22
Language in which the application was lodged: German
Parties
Applicant: Jyoti Ceramic Industries PVT. Ltd (Nashik, India) (represented by: R. Egerer, D. Jochim and A. Kolb, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: DeguDent GmbH (Hanau-Wolfgang, Germany)
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 21 March 2012 in Case R 2546/2010-1;
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Jyoti Ceramic Industries
Community trade mark concerned: Figurative mark ‘ZIECON’ for goods in Classes 5, 10 and 40 (application No 8 272 271)
Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH
Mark or sign cited in opposition: Word mark ‘CERCON’ for goods in Classes 5, 9 and 10
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal allowed and registration refused
Pleas in law:
—
Infringement of Article 8(1)(b) of Regulation No 207/2009
—
Infringement of Article 76 of Regulation No 207/2009 in conjunction with Rules 50(1) and 19(1) and (3) of the implementing regulation
Full & Egal Universal Law Academy