Action brought on 31 January 2013 - Laboratoires Polive/OHIM - Arbora & Ausonia (DODIE)

(Case T-77/13)

Language in which the application was lodged: English

Parties

Applicant: Laboratoires Polive (Levallois Perret, France) (represented by: A. Sion, lawyer)

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

Other party to the proceedings before the Board of Appeal: Arbora & Ausonia, SL (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision rendered by the second Board of Appeal which has annulled the decision from the Opposition Division,

Reject the opposition in its entirety, and

Order the OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "DODIE", for goods in classes 3, 5 and 10 - Community trade mark application No 5 665 104

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade marks and national trade marks of figurative and word marks containing the word element "DODIS", "DODIES" or "DODOT" for goods and services in classes 3, 5, 10, 12, 16, 18, 20, 21, 24, 25, 28, 35, and 44

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

Decision of the Board of Appeal: Upheld the appeal partly and annulled the contested decision with respect to certain goods of classes 3, 5 and 10

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

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