29.1.2011
EN
Official Journal of the European Union
C 30/45
Action brought on 22 November 2010 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (GAZI Hellim)
(Case T-535/10)
2011/C 30/82
Language in which the application was lodged: German
Parties
Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Lefkosia, Cyprus) (represented by: C. Milbradt and H. Van Volxem, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Garmo AG (Stuttgart, Germany)
Form of order sought
—
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2010 in Case R 1497/2009-4;
—
Order the defendant to pay the costs, including the costs incurred in the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Garmo AG
Community trade mark concerned: the figurative mark ‘GAZI Hellim’ for goods in Class 29
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the collective word mark ‘HALLOUMI’ for goods in Class 29
Decision of the Opposition Division: rejection of the opposition
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), as the marks and goods at issue are similar and there is a likelihood of confusion between the marks
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
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