7.1.2012
EN
Official Journal of the European Union
C 6/21
Action brought on 26 October 2011 — tesa v OHIM — Superquimica (tesa TACK)
(Case T-555/11)
2012/C 6/38
Language in which the application was lodged: English
Parties
Applicant: tesa SE (Hamburg, Germany) (represented by: F. Schwab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: La Superquimica, SA (L’Hospitalet de Llobregat, Spain)
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 5 July 2011 in case R 866/2010-1, and annul the decision of the Opposition Division in case No B 1301987; and
—
Order the defendant to bear the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘tesa TACK’, for goods in class 16 — Community trade mark application No 6233506
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 in opposition: Spanish trade mark registration No 585323 of the word mark ‘TACK’, for goods in class 16; Spanish trade mark registration No 2515958 of the figurative mark ‘TACK Ceys’, for goods in class 16
Decision of the Opposition Division: Upheld 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 wrongly assessed the existence of likelihood of confusion between the opposing marks.
Full & Egal Universal Law Academy