30.1.2010
EN
Official Journal of the European Union
C 24/64
Action brought on 26 November 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)
(Case T-473/09)
2010/C 24/113
Language in which the application was lodged: English
Parties
Applicant: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)
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 9 September 2009 in case R 1023/2008-2;
—
Order the defendant to bear the costs incurred both in these proceedings and in the proceedings before it.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark “KATOZ”, for goods in classes 29 and 30
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: German trade mark registration of the figurative mark “KATTUS”, for goods in classes 29 and 30
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Annulled the decision of the Opposition Division
Pleas in law:
Infringement of 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