# C_2012089EN.01002802.xml

| 24.3.2012 | EN | Official Journal of the European Union | C 89/28 |
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24.3.2012

EN

Official Journal of the European Union

C 89/28

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Action brought on 23 January 2012 — Pips v OHIM — s.Oliver Bernd Freier (ISABELLA OLIVER)

(Case T-38/12)

2012/C 89/47

Language in which the application was lodged: English

Parties

Parties

Applicant: Pips BV (Amsterdam, Netherlands) (represented by: J.A.K. van den Berg, 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: s.Oliver Bernd Freier GmbH & Co. KG (Rottendorf, Germany)

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 20 October 2011 in case R 2420/2010-1; |
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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 20 October 2011 in case R 2420/2010-1;

| — | Allow the Community trade mark application No 7024961 for the word mark ‘ISABELLA OLIVER’, for all the goods and services subject to the proceedings before the First Board of Appeal; and |
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Allow the Community trade mark application No 7024961 for the word mark ‘ISABELLA OLIVER’, for all the goods and services subject to the proceedings before the First Board of Appeal; and

| — | 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: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘ISABELLA OLIVER’, for goods and services in classes 3, 4, 12, 14, 16, 18, 20, 21, 24 and 25 — Community trade mark application No 7024961

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

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

Mark or sign cited in opposition: Community trade mark application No 6819908 of the word mark ‘S.Oliver’, for goods in classes 4, 16, 20, 21 and 24; Community trade mark registration No 4504569 of the figurative mark ‘s.Oliver’, for goods and services in classes 3, 6, 9, 14, 18, 20, 25, 28 and 35; German trade mark registration No 30734710.9 of the word mark ‘S.Oliver’, for goods in classes 10, 12 and 21; Community trade mark registration No 181875 of the word mark ‘S.Oliver’, for goods in classes 3, 6, 9, 14, 18, 20, 25 and 26; International trade mark registration No 959255 of the word mark ‘S.Oliver’, for goods in classes 10, 12 and 21

Mark or sign cited in opposition:

Decision of the Opposition Division: Partially rejected the CTM application

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 76 of Council Regulation No 207/2009, as the Board of Appeal; (i) made an assessment of the similarity of the marks on the basis of facts/circumstances not provided by the parties, as a consequence of which the conclusion with regard to the similarity of signs is erroneous; and (ii) incorrectly applied the principles formulated by the ECJ in relation to overall assessment of likelihood of confusion.

Pleas in law:

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