Action brought on 30 November 2009 - ATB Norte v OHIM - Bricocenter Italia (Affiliato BRICO CENTER)

(Case T-483/09)

Language in which the application was lodged: Spanish

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, 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: Bricocenter Italia Srl [Rozzano Milanofiori (Milan), Italy]

Form of order sought

Annul the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 - R 1048/2008-4.

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Bricocenter S.r.l.

Community trade mark concerned: Figurative mark containing the word element 'Affiliato BRICOCENTER' (Application No 4.939.344) in respect of services in Class 35.

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements 'CENTROS DE BRICOLAGE BRICOCENTRO' (No 3.262.623) and 'ATB CENTROS DE BRICOLAGE BRICOCENTRO' (No 989.046) in respect of services in Classes 35, 37 and 39.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Opposition Division's decision annulled and the opposition rejected in its entirety.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.

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