Action brought on 27 September 2008 - INTER-NETT 2000 v OHIM

(Case T -423/08)

Language in which the application was lodged: Hungarian

Parties

Applicant(s): INTER-NETT 2000 Kereskedelmi és Szolgáltató kft (Inter-Nett 2000 Kft) (Mór, Hungary) (represented by: E. Petruska, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party/parties to the proceedings before the Board of Appeal of OHIM: Unión de Agricultores, S.A. (El Ejido, 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 22 July 2008 (Case R 71/2008-2) and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: INTER-NETT 2000

Community trade mark concerned: the figurative mark 'HUNGARO' for goods and services in classes 29, 31 and 35 (application No 004508917).

Proprietor of the mark or sign cited in the opposition proceedings: Unión de Agricultores, S.A.

Mark or sign cited in opposition: Community trade mark 'UNIAGRO' for goods in class 31.

Decision of the Opposition Division: Opposition partly upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 40/94, in that OHIM misinterpreted that provision, and breach of Article 12(a) and (b) of Regulation No 40/94, in that the decision of OHIM prevents the applicant from using the name of its proprietor and the designation of the geographical origin of the goods.

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