2.7.2011
EN
Official Journal of the European Union
C 194/17
Action brought on 21 April 2011 — Caventa AG v OHIM — Anson’s Herrenhaus (BERG)
(Case T-224/11)
2011/C 194/28
Language in which the application was lodged: German
Parties
Applicant(s): Caventa AG (Rekingen, Switzerland) (represented by: J. Krenzel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Anson’s Herrenhaus KG (Düsseldorf, Germany)
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 10 February 2011 in Case R 1494/2010-1;
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Caventa AG.
Community trade mark concerned: Word mark ‘BERG’ for goods in Classes 25 and 28 (Application No 7 115 009).
Proprietor of the mark or sign cited in the opposition proceedings: Anson’s Herrenhaus KG.
Mark or sign cited in opposition: Word mark ‘Christian Berg’ for goods and services in Classes 3, 18, 25 and 35 (Community trade mark No 3 383 676), the opposition being directed against registration for goods in Classes 25 and 28.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the marks in question.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (Consolidated Version) (OJ 2009 L 78, p. 1).
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