8.9.2012
EN
Official Journal of the European Union
C 273/13
Action brought on 26 June 2012 — EI du Pont de Nemours v OHIM — Zueco Ruiz (ZYTEL)
(Case T-288/12)
2012/C 273/23
Language in which the application was lodged: English
Parties
Applicant: EI du Pont de Nemours and Company (Wilmington, United States) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Enrique Zueco Ruiz (Zaragoza, Spain)
Form of order sought
—
Set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in case R 464/2011-2; and
—
Order that the costs of the proceedings be borne by the defendant.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘ZYTEL’ for goods and services in classes 9, 12 and 37
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 369314, of the word mark ‘ZYTEL’, for goods in classes 1 and 17; Well-known mark ‘ZYTEL’, for goods in classes 1 and 17
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and Article 8(5) of Council Regulation (EC) No 207/2009.
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