Action brought on 30 March 2009 - Valigeria Roncato v OHIM - Roncato (CARLO RONCATO)

(Case T-124/09)

Language in which the application was lodged: Italian

Parties

Applicant: Valigeria Roncato SpA (Campodarsego, Italy) (represented by: P. Perani, lawyer, and P. Pozzi, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Roncato Srl (Campodarsego, Italy)

Forms of order sought

Annul the decision of the First Board of Appeal of OHIM of 23 January 2009, notified on 30 January 2009, in joined cases R 237/2008-1 and R 263/2008-1;

Order the defendant and the other party to the proceedings to pay the costs of these proceedings, as well as those incurred in the proceedings before the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: RONCATO Srl.

Community trade mark concerned: Word mark "CARLO RONCATO" (registration application No 4.631.719) for goods in Classes 3, 9 and 14.

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

Mark or sign cited in opposition: Italian figurative mark "RV RONCATO" (No 622.773), Italian word mark "RONCATO" (No. 510.528) and non-registered Italian figurative marks "RV RONCATO".

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Rejected the opposition and upheld the application for registration in its entirety.

Pleas in law: Misapplication of Article 8(4) and (5) of Regulation (EC) No 40/94 on the Community trade mark.

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