18.7.2009
EN
Official Journal of the European Union
C 167/20
Action brought on 25 May 2009 — Olymp Bezner v OHIM — Bellido (Olymp)
(Case T-203/09)
2009/C 167/40
Language in which the application was lodged: English
Parties
Applicant: Olymp Bezner GmbH & Co. KG (Bietigheim-Bissingen, Germany) (represented by: J. Dönch and M. Eck, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Miguel Bellido, S.A. (Manzanares, Ciudad Real, Spain)
Form of order sought
—
Repeal the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2009 in case R 531/2008-2; and
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘Olymp’ for goods in class 25
Proprietor of the Community trade mark: The applicant
Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal
Trade mark right of the party requesting the declaration of invalidity: Spanish trade mark registration of the figurative mark ‘OLIMPO’ for goods in class 25
Decision of the Cancellation Division: Declared the Community trade mark concerned invalid
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (which became Article 8(1)(b) of Council Regulation 207/2009) and of Article 52(1)(a) of Council Regulation 40/94 (which became Article 53(1)(a) of Council Regulation 207/2009) as the Board of Appeal erred in its finding that there was a likelihood of confusion, due to the fact that the concerned trade marks are not visually, aurally or conceptually similar.
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