Communications au JO nº T-378/09 of Tribunal de Première Instance des Communautés Européennes, November 21, 2009
Resolution Date | November 21, 2009 |
Issuing Organization | Tribunal de Première Instance des Communautés Européennes |
Decision Number | T-378/09 |
Recours introduit le 30 septembre 2009 - SPAR / OHMI - SPA Group Europe (SPA GROUP)
(affaire T-378/09)
Langue de dépôt du recours: l'allemand
Parties
Partie requérante: SPAR Handelsgesellschaft mbH (Schenefeld, Allemagne) (représentants: Mes R. Kaase et J.-C. Plate, avocats)
Partie défenderesse: Office de l'harmonisation dans le marché intérieur (marques, dessins et modèles)
Autre partie devant la chambre de recours: SPA Group Europe Ltd & Co. KG (Nürnberg, Allemagne)
Conclusions de la partie requérante
annuler la décision de la première chambre de recours de l'Office de l'harmonisation dans le marché intérieur (marques, dessins et modèles), du 16 juillet 2009, dans l'affaire R 123/2008-1, en raison de son incompatibilité avec l'article 8, paragraphe 1, sous b), du règlement (CE) n° 40/94 .
condamner l'OHMI aux dépens, y compris ceux exposés au titre de la procédure d'opposition et de recours devant l'OHMI.
Moyens et principaux arguments
Demandeur de la marque communautaire: SPA Group Europe Ltd & Co. KG
Marque communautaire concernée: la marque verbale " SPA GROUP " pour des produits et services des classes 16, 35, 41 et 44 (demande n° 4...
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