# C_2007056EN.01003001.xml

| 10.3.2007 | EN | Official Journal of the European Union | C 56/30 |
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10.3.2007

EN

Official Journal of the European Union

C 56/30

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Action brought on 22 December 2006 — ZERO Industry v OHIM — zero International Holding (zerorh+)

(Case T-400/06)

(2007/C 56/59)

Language in which the application was lodged: English

Parties

Applicant: ZERO Industry Srl (Como, Italy) (represented by: M. Rapisardi, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: zero International Holding GmbH & Co. KG (Bremen, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul decision R0958/2005-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market, of 5 October 2006, notified to the applicant on 23 October 2006; |
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Annul decision R0958/2005-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market, of 5 October 2006, notified to the applicant on 23 October 2006;

| — | definitively reject the opposition brought by the defendant against the registration of Community trade mark application No 2004547, on behalf of Zero Industry Srl; |
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definitively reject the opposition brought by the defendant against the registration of Community trade mark application No 2004547, on behalf of Zero Industry Srl;

| — | order the Office for Harmonisation in the Internal Market to proceed with the registration of the CTM lodged by ZERO Industry Srl; |
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order the Office for Harmonisation in the Internal Market to proceed with the registration of the CTM lodged by ZERO Industry Srl;

| — | order the Office for Harmonisation in the Internal Market or any unsuccessful party to pay, jointly or severally, to the applicant the costs, expenses and fees, incurred in both the present proceedings and the opposition and appeal proceedings before the Office for Harmonisation in the Internal Market. |
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order the Office for Harmonisation in the Internal Market or any unsuccessful party to pay, jointly or severally, to the applicant the costs, expenses and fees, incurred in both the present proceedings and the opposition and appeal proceedings before the Office for Harmonisation in the Internal Market.

Pleas in law and main arguments

Applicant for the Community trade mark: the applicant

Applicant for the Community trade mark:

Community trade mark concerned: the figurative mark ‘zerorh+’ for the goods in classes 9, 18 and 25 — application No 2004547

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: zero International Holding GmbH & Co. KG

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: the national figurative mark ‘zero’ for goods in classes 18 and 25 and the national word mark ‘zero’ for goods in class 9

Mark or sign cited:

Decision of the Opposition Division: Opposition upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94

Pleas in law:

The applicant claims that the Board erred in its interpretation of the above provision insofar as it didn't take into account the visual, phonetic and conceptual differences between the goods to which the conflicting trade marks relate.

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