Notices for publication in the OJ nº T-309/09 of Court of First Instance of the European Communities, October 23, 2009

• Resolution Date: October 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-309/09

Action brought on 4 August 2009 - Sanyō Denki v OHIM - Telefónica O2 Germany (eneloop)

(Case T -309/09)

Language in which the application was lodged: German

Parties

Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: M. De Zorti, M. Koch and T. Grimm, 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: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany)

Form of order sought

Annul the contested decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2);

Order OHIM to pay the costs of the proceedings;

Order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark 'eneloop' for goods in Class 9 (application No 4 620 225)

Proprietor of the mark or sign cited...