# C_2010301EN.01004501.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/45 |
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6.11.2010

EN

Official Journal of the European Union

C 301/45

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Action brought on 9 September 2010 — Goutier v OHIM — Eurodata (ARANTAX)

(Case T-387/10)

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2010/C 301/72

Language in which the application was lodged: German

Parties

Parties

Applicant: Klaus Goutier (Frankfurt am Main, Germany) (represented by: E.E. Happe, 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: Eurodata GmbH & Co KG (Saarbrücken, 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 1 July 2010 in Case R 126/2009-4, to the extent that the Community trade mark application was, by setting aside the contested decision, rejected in respect of the following services:
  Class 35– Tax consultancy, tax preparation, accounting, auditing, professional business consultancy, business consultancy
  Class 36– Fiscal assessments, mergers and acquisitions, namely financial consultancy with regard to the purchase or sale of companies and company shares;
  Class 42– Provision of legal services, legal research; |
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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 1 July 2010 in Case R 126/2009-4, to the extent that the Community trade mark application was, by setting aside the contested decision, rejected in respect of the following services:

Class 35– Tax consultancy, tax preparation, accounting, auditing, professional business consultancy, business consultancy

Class 36– Fiscal assessments, mergers and acquisitions, namely financial consultancy with regard to the purchase or sale of companies and company shares;

Class 42– Provision of legal services, legal research;

| — | Order the defendant to pay the costs. |
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Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Klaus Goutier.

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘ARANTAX’ for services in Classes 35, 36 and 42.

Community trade mark concerned:

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

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

Mark or sign cited in opposition: German word mark ‘ANTAX’ for services in Classes 35, 36, 41, 42 and 45.

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Opposition Division:

Decision of the Board of Appeal: Partial setting aside of the decision of the Opposition Division and partial rejection of the Community trade mark application.

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 15 and 43 of Regulation (EC) No 207/2009, (1) because proof of use had not been provided, and infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, because there is no likelihood of confusion between the marks at issue.

Pleas in law:

1

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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)

1

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