Notices for publication in the OJ nº T-324/09 of Court of First Instance of the European Communities, October 24, 2009

Resolution Date:October 24, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-324/09
SUMMARY

Community trade mark – Action for annulment brought by the applicant for the figurative mark ‘Friboi’ for goods in Class 29 against Decision R 824/2008-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 22 April 2009, partially rejecting the appeal brought against the decision of the Opposition Division which refused registration of that mark in... (see full summary)

 
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Action brought on 18 August 2009 - J & F Participações v OHIM - Fribo Foods (Friboi)

(Case T-324/09)

Language in which the application was lodged: English

Parties

Applicants: J & F Participações SA (Sorocaba, Brazil) (represented by: A. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fribo Foods Ltd (Wrexham, United Kingdom)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 April 2009 in case R 824/2008-1; and

Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark "Friboi", for goods in class 29

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: United Kingdom trade mark registration of the word mark "FRIBO" for goods in class 29; United Kingdom trade mark registration of the figurative mark "Fribo" for goods in class 29; German trade mark registration of the word mark "FRIBO" for goods in class 29; German trade mark registration of the figurative mark "FRIBO" for goods in class 29; French trade mark...

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