18.2.2012
EN
Official Journal of the European Union
C 49/32
Action brought on 28 December 2011 — Müller v OHIM — Loncar (Sunless)
(Case T-662/11)
2012/C 49/58
Language in which the application was lodged: German
Parties
Applicant: Thomas Müller (Gütersloh, Germany) (represented by: J. Schmidt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Loncar, SL (Sabadell (Barcelona), Spain)
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 27 September 2011 in Case R 2508/2010-2;
—
order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Thomas Müller
Community trade mark concerned: Figurative mark containing the word element ‘Sunless’, for goods in Classes 6, 19, 22 and 24.
Proprietor of the mark or sign cited in the opposition proceedings: Loncar, SL
Mark or sign cited in opposition: Word marks ‘SUNLESS’ and ‘LONCAR-SUNLESS’ for goods in Classes 22, 23 and 24 and ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
Decision of the Opposition Division: Opposition allowed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue.
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