# C_2010260EN.01002001.xml

| 25.9.2010 | EN | Official Journal of the European Union | C 260/20 |
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25.9.2010

EN

Official Journal of the European Union

C 260/20

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Action brought on 14 July 2010 — dm drogeriemarkt GmbH & Co. KG v OHIM — S.E.M.T.E.E. (caldea)

(Case T-304/10)

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2010/C 260/27

Language in which the application was lodged: English

Parties

Parties

Applicant: dm drogeriemarkt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: S.E.M.T.E.E. (Escaldes Engornay, Andorra)

Other party to the proceedings before the Board of Appeal:

Form of order sought

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) of 29 April 2010 in case R 899/2009-1 and, by the way of correction, delete the applicant’s trademark; |
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Annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1 and, by the way of correction, delete the applicant’s trademark;

| — | Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1 and remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
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Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1 and remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

| — | Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1. |
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Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark in orange, blue and white ‘caldea’, for goods and services in classes 3, 35, 37, 42, 44 and 45 — Community trade mark application No 5691845

Community trade mark concerned:

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

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

Mark or sign cited: International trade mark registration No 894004 of the word mark ‘BALEA’, for goods and services in classes 3, 5 and 8

Mark or sign cited:

Decision of the Opposition Division: Rejected the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was not a likelihood of confusion between the concerned trade marks.

Pleas in law:

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