Action brought on 25 January 2010 - Esprit International v OHIM - Marc O'Polo International (Representation of the letter 'e' on a trouser pocket)
(Case T -22/10)
Language in which the application was lodged: German
Parties
Applicant: Esprit International LP (New York, United States of America) (represented by: M. Treis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Marc O'Polo International GmbH (Stephanskirchen, Germany)
Form of order sought
- Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2009 in Case R 1666/2008-4;
- order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Esprit International
Community trade mark concerned: a figurative mark representing the letter 'e' on a trouser pocket for goods in Classes 18 and 25 (Application No 5 089 859)
Proprietor of the mark or sign cited in the opposition proceedings: Marc O'Polo International GmbH
Mark or sign cited in opposition: in particular, a German figurative mark No 303 03 672 representing the letter 'e' for goods in Classes 18 and 25
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 since there is no likelihood of confusion between the opposing marks
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).