19.12.2009
EN
Official Journal of the European Union
C 312/39
Action brought on 14 October 2009 — Honda Motor v OHIM — Blok (BLAST)
(Case T-425/09)
2009/C 312/64
Language in which the application was lodged: English
Parties
Applicant: Honda Motor Co., Ltd. (Tokyo, Japan) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Hendrik Blok (Oudenaarde, Belgium)
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 16 July 2009 in case R 1097/2008-1;
—
Order the defendant to bear the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘BLAST’, for goods in classes 7 and 12
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: Community trade mark registration of the word mark ‘BLAST’ for goods and services in classes 7, 35 and 37; Benelux trade mark registration of the word mark ‘BLAST’ for goods and services in classes 7, 35 and 37
Decision of the Opposition Division: Allowed the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.
Full & Egal Universal Law Academy