12.3.2011
EN
Official Journal of the European Union
C 80/19
Action brought on 22 December 2010 — Aktieselskabet af 21. november 2001 v OHMI — Parfums Givenchy (only givenchy)
(Case T-586/10)
2011/C 80/36
Language in which the application was lodged: English
Parties
Applicant: Aktieselskabet af 21. november 2001 (Brande, Denmark) (represented by: C. Christiansen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Parfums Givenchy SA (Levallois Perret, France)
Form of order sought
—
Set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2010 in case R 1556/2009-2; and
—
Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark in colour ‘only givenchy’, for goods in class 3 — Community trade mark application No 3980241
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Danish trade mark registration No VR 2001 03359 of the word mark ‘ONLY’, inter alia for goods in classes 3 and 9; Danish trade mark registration No VR 2000 02183 of the word mark ‘ONLY’, for goods in class 25; Community trade mark registration No 638833 of the word mark ‘ONLY’, for goods in classes 14, 18 and 25
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009, as the Board of Appeal erred in finding that there is no likelihood of confusion and that the relevant public would not establish a link or a connection between the earlier marks and the contested mark.
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