Action brought on 28 January 2009 - A. Loacker SpA v OHIM

(Case T -42/09)

Language in which the application was lodged: Italian

Parties

Applicant: A. Loacker SpA (Renon, Italy) (represented by: V. Bilardo, C. Bacchini, M. Mazzitelli, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Editrice Quadratum SpA (Milan, Italy)

Form of order sought

Annul the contested decision;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Editrice Quadratum SpA.

Community trade mark concerned: Word mark 'Quadratum', registration application No 4653481, for goods in Class 30.

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

Mark or sign cited in opposition: Community word mark 'LOACKER QUADRATINI', for goods in Class 30.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Action brought by the trade mark applicant upheld.

Pleas in law: Infringement of Article 8(1)(b) and of Articles 73 and 74 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.

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