# C_2010209EN.01004902.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/49 |
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31.7.2010

EN

Official Journal of the European Union

C 209/49

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Action brought on 31 May 2010 — Kitzinger v OHIM — Mitteldeutscher Rundfunk, Zweites Deutsches Fernsehen (KICO)

(Case T-249/10)

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2010/C 209/74

Language in which the application was lodged: German

Parties

Parties

Applicant: Kitzinger & Co (GmbH & Co. KG) (Hamburg, Germany) (represented by: S. Kitzinger, 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 of OHIM: Mitteldeutscher Rundfunk (body governed by public law) (Leipzig, Germany), Zweites Deutsches Fernsehen (body governed by public law) (Mainz, Germany)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2010 in Case R 1388/2008-4 to the extent that the decision of the Opposition Division of 28 July 2008 on opposition No B 1 133 612 is annulled and the opposition rejected; |
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2010 in Case R 1388/2008-4 to the extent that the decision of the Opposition Division of 28 July 2008 on opposition No B 1 133 612 is annulled and the opposition rejected;

| — | in the alternative, annul the contested decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2010 in Case R 1388/2008-4; |
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in the alternative, annul the contested decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2010 in Case R 1388/2008-4;

| — | order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
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order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark in blue and grey colours, which contains the word element ‘KICO’ for goods and services in Classes 16, 36 and 39.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Mitteldeutscher Rundfunk (body governed by public law) and Zweites Deutsches Fernsehen (body governed by public law).

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

Mark or sign cited in opposition: Community word mark ‘KIKA’ for goods and services in Classes 8, 9, 11, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32, 38 and 41 and German figurative mark in black and white colours which contains the word element ‘KIKA’ for goods and services in Classes 8, 9, 11, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32, 38, 41 and 42.

Mark or sign cited in opposition:

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 (EC) No 207/2009, (1) because there is no likelihood of confusion between the marks at issue.

Pleas in law:

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(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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