4.2.2012
EN
Official Journal of the European Union
C 32/37
Action brought on 5 December 2011 — Meyr-Melnhof Karton v OHIM — Stora Enso (SILVAWHITE)
(Case T-617/11)
2012/C 32/73
Language in which the application was lodged: English
Parties
Applicant: Meyr-Melnhof Karton AG (Vienna, Austria) (represented by: P. Baronikians and N. Wittich, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Stora Enso Oyj (Helsinki, Finland)
Form of order sought
—
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2011 in case R 2139/2010-2;
—
Reject the opposition against the Community trade mark application No 8197469; and
—
Order that the defendant pays the applicant’s costs incurred before OHIM and the General Court.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘SILVAWHITE’, for goods in class 16 — Community trade mark application No 8197469
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: Finnish trade mark registration No 231953 of the word ‘SILVAPRESS’, for goods in class 16; International trade mark registration No 872793 of the word ‘SILVAPRESS’, for goods in class 16
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.
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