4.2.2012
EN
Official Journal of the European Union
C 32/39
Action brought on 6 December 2011 — Caventa v OHIM — Anson’s Herrenhaus (B BERG)
(Case T-631/11)
2012/C 32/78
Language in which the application was lodged: German
Parties
Applicant: 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) (OHIM) of 15 September 2011 in Case R 2014/2010-1;
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Caventa AG.
Community trade mark concerned: Figurative mark containing the word element ‘B BERG’ for goods in Classes 25 and 28.
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.
Decision of the Opposition Division: The opposition was rejected.
Decision of the Board of Appeal: The appeal was upheld and registration refused.
Pleas in law: There is no similarity between the goods at issue and no likelihood of confusion of the signs at issue.
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