Action brought on 26 June 2012 - EI du Pont de Nemours v OHIM - Zueco Ruiz (ZYTEL)

(Case T-288/12)

Language in which the application was lodged: English

Parties

Applicant: EI du Pont de Nemours and Company (Wilmington, 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: Enrique Zueco Ruiz (Zaragoza, 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 29 March 2012 in case R 464/2011-2; and

Order that the costs of the proceedings be borne by the defendant.

Pleas in law and main arguments

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

Community trade mark concerned: The figurative mark "ZYTEL" for goods and services in classes 9, 12 and 37

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

Mark or sign cited in opposition: Community trade mark registration No 369314, of the word mark "ZYTEL", for goods in classes 1 and 17; Well-known mark "ZYTEL", for goods in classes 1 and 17

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and Article 8(5) of Council Regulation (EC) No 207/2009.

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