Action brought on 24 March 2010 - Solae v OHIM - Délitaste (alpha taste)

(Case T-145/10)

Language in which the application was lodged: English

Parties

Applicant: Solae Holdings LLC (St. Louis, 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: Délitaste S.A. Industrielle et Commerciale d'Aliments (Thessaloniki, Greece)

Form of order sought

Deem the present appeal and attached documents to have been duly filed;

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2009 in case R 92/2009-2; and

Order the defendant to bear the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark "alpha taste", for goods and services in classes 29, 30, 39 and 43

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Community trade mark registration of the mark "ALPHA", for goods in class 29

Decision of the Opposition Division: Partially admitted the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was only a partial likelihood of confusion between the trade marks concerned.

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