Action brought on 22 May 2012 - Micrus Endovascular v OHIM - Laboratorios Delta (DELTA)

(Case T-218/12)

Language in which the application was lodged: English

Parties

Applicant: Micrus Endovascular LLC (Wilmington, United States) (represented by: B. Brandreth, Barrister)

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

Other party to the proceedings before the Board of Appeal: Laboratorios Delta Lda (Queluz, Portugal)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2012 in case R 244/2011-2; and

Order that the respondent pays the applicant its costs incurred before the Board of Appeal and the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "DELTA", for goods in class 10 - Community trade mark application No 6655906

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: International trade mark registration No 131374 of the figurative mark "DELTA PORTUGAL", for goods in class 5; Portuguese trade mark registration No 140578 of the figurative mark "DELTA PORTUGAL", for goods in class 5; Registered trade name No 23113 "LABORATORIOS DELTA"

Decision of the Opposition Division: Upheld 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.

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