# C_2007235EN.01002601.xml

| 6.10.2007 | EN | Official Journal of the European Union | C 235/26 |
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6.10.2007

EN

Official Journal of the European Union

C 235/26

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Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)

(Case T-315/07)

(2007/C 235/48)

Language in which the application was lodged: German

Parties

Applicant: Grohe AG (Hemer, Germany) (represented by: A. Lensing-Kramer, 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: Compañía Roca Radiadores, S.A.

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

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of 19 June 2007 in Case R 850/2006-4; |
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Annul the decision of the Fourth Board of Appeal of 19 June 2007 in Case R 850/2006-4;

| — | alternatively, annul or amend the contested decision in so far as it finds that there is a similarity of goods between ‘kitchen faucets’ and ‘cast-iron bathtubs’ and, consequently, a likelihood of confusion between the opposing signs; |
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alternatively, annul or amend the contested decision in so far as it finds that there is a similarity of goods between ‘kitchen faucets’ and ‘cast-iron bathtubs’ and, consequently, a likelihood of confusion between the opposing signs;

| — | alternatively, annul or amend the contested decision in so far as it finds that there is a phonetic similarity in Spain between the mark applied for and the opposing mark and, consequently, in that respect a likelihood of confusion between the opposing signs; |
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alternatively, annul or amend the contested decision in so far as it finds that there is a phonetic similarity in Spain between the mark applied for and the opposing mark and, consequently, in that respect a likelihood of confusion between the opposing signs;

| — | alternatively, annul or amend the contested decision in so far as it finds that there is a lack of recognition in Spain of the name AKIRA in relation to a Japanese comic and, consequently, in that respect a likelihood of confusion between the opposing signs; |
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alternatively, annul or amend the contested decision in so far as it finds that there is a lack of recognition in Spain of the name AKIRA in relation to a Japanese comic and, consequently, in that respect a likelihood of confusion between the opposing signs;

| — | order the Office for Harmonisation in the Internal Market to pay the costs. |
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order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Applicant for a Community trade mark:

Community trade mark concerned: Word mark ‘ALIRA’ for goods in Class 11 (Application No 2 766 640).

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Compañía Roca Radiadores, S.A.

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

Mark or sign cited in opposition: Spanish word mark ‘AKIRA’ for goods in Class 11 (No 2 045 604).

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition allowed; registration refused.

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 40/94 (1), as there is no likelihood of confusion between the opposing marks.

Pleas in law:

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(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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