Action brought on 30 May 2012 - Jyoti Ceramic Industries v OHIM - DeguDent (ZIECON)

(Case T-239/12)

Language in which the application was lodged: German

Parties

Applicant: Jyoti Ceramic Industries PVT. Ltd (Nashik, India) (represented by: R. Egerer, D. Jochim and A. Kolb, lawyers)

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

Other party to the proceedings before the Board of Appeal: DeguDent GmbH (Hanau-Wolfgang, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 March 2012 in Case R 2546/2010-1;

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Jyoti Ceramic Industries

Community trade mark concerned: Figurative mark 'ZIECON' for goods in Classes 5, 10 and 40 (application No 8 272 271)

Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH

Mark or sign cited in opposition: Word mark 'CERCON' for goods in Classes 5, 9 and 10

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal allowed and registration refused

Pleas in law:

Infringement of Article 8(1)(b) of Regulation No 207/2009

Infringement of Article 76 of Regulation No 207/2009 in conjunction with Rules 50(1) and 19(1) and (3) of the implementing regulation

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