6.12.2008
EN
Official Journal of the European Union
C 313/46
Action brought on 1 October 2008 — Bulur Giyim Sanayi ve Ticaret Sirketi v OHIM — Denim (VIGOSS)
(Case T-431/08)
(2008/C 313/84)
Language in which the application was lodged: English
Parties
Applicant: Bulur Giyim Sanayi ve Ticaret Sirketi (Istanbul, Turkey) (represented by: R. Böhm, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: A V Denim, Inc. (trading as A&V Denim, Inc.) (New York, United States)
Form of order sought
—
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 July 2008 in case R 1366/2007-2, insofar as it dismissed the appeal lodged by the applicant against the decision of the Opposition Division of 26 June 2007 ruling on opposition No B 923 005; and
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘VIGOSS’ for goods in classes 14, 18 and 25
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: International trade mark registration No 771 374 of the figurative mark ‘VIGOSS’ for goods in class 25
Decision of the Opposition Division: Partially rejected the application
Decision of the Board of Appeal: Partially annulled the contested decision and dismissed the appeal for the reminder
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal failed to take into account all relevant factors when assessing the likelihood of confusion between the conflicting trade marks.
Full & Egal Universal Law Academy