19.11.2011
EN
Official Journal of the European Union
C 340/31
Action brought on 27 September 2011 — Hartmann v OHIM — Protecsom (DIGNITUDE)
(Case T-504/11)
2011/C 340/60
Language in which the application was lodged: English
Parties
Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by: N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Protecsom SAS (Valognes, France)
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 28 July 2011 in case R 1197/2010-4; and
—
Order the defendant to pay the costs.
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 word mark ‘DIGNITUDE’, for goods in classes 5, 24 and 25 — Community trade mark application No 7506025
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 7436603, of the word mark ‘Dignity’, for goods in class 5; German trade mark registration No 302008076849.5/05, of the word mark ‘Dignity’, for goods in classes 5 and 10
Decision of the Opposition Division: Partially rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal made an incorrect assessment of the likelihood of confusion, in particular of the similarity of the goods.
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