16.5.2009
EN
Official Journal of the European Union
C 113/41
Action brought on 19 March 2009 — Icebreaker v OHIM — Gilmar (ICEBREAKER)
(Case T-112/09)
2009/C 113/83
Language in which the application was lodged: English
Parties
Applicants: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Gilmar SpA (San Giovanni in Marignano (Rimini), Italy)
Form of order sought
—
Reverse the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2009 in case R 1536/2007-4 and approve for registration for goods in class 25 the Community trade mark concerned; and
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘ICEBREAKER’, for goods in classes 9, 24 and 25 — application No 3 205 523
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: Italian trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; International trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; Spanish trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; Italian trade mark registration of the word mark ‘ICE’ for goods in class 25; International trade mark registration of the word mark ‘ICE’ for goods in class 25
Decision of the Opposition Division: Partially allowed the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there is a likelihood of confusion between the trade marks concerned.
Full & Egal Universal Law Academy