# C_2008064EN.01005501.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/55 |
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8.3.2008

EN

Official Journal of the European Union

C 64/55

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Action brought on 4 January 2008 — Nestlé v OHIM — Master Beverage Industries (Golden Eagle)

(Case T-5/08)

(2008/C 64/88)

Language in which the application was lodged: English

Parties

Applicant: Société des Produits Nestlé SA (Vevey, Switzerland) (represented by: A. von Mühlendahl, 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: Master Beverage Industries Pte Ltd (Singapore, Singapore)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul the decision of the defendant's Second Board of Appeal of 1 October 2007, Case R 563/2006-2 (CTM 3 157 005); |
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Annul the decision of the defendant's Second Board of Appeal of 1 October 2007, Case R 563/2006-2 (CTM 3 157 005);

| — | decide that the contested CTM application No 3 157 005 RED MUG device with ‘Golden Eagle’ and eagle design must be rejected; |
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decide that the contested CTM application No 3 157 005 RED MUG device with ‘Golden Eagle’ and eagle design must be rejected;

| — | order the defendant to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal; |
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order the defendant to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal;

| — | order Master Beverage, the other party to the proceedings before the Board of Appeal, to pay the costs of the proceedings; including those incurred by the applicant before the Board of Appeal, in case it should become an intervening party in this case. |
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order Master Beverage, the other party to the proceedings before the Board of Appeal, to pay the costs of the proceedings; including those incurred by the applicant before the Board of Appeal, in case it should become an intervening party in this case.

Pleas in law and main arguments

Applicant for the Community trade mark: Master Beverage Industries Pte Ltd

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark ‘Golden Eagle’ for goods in class 30 — application No 3 157 005

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: The Community, international and national figurative marks and word marks ‘Red Cup’, ‘Gold Blend’ and representations of a cup for, inter alia, coffee

Mark or sign cited:

inter alia

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Violation of Article 8(1)(b) and 8(5) of Council Regulation No 40/94, as the conflicting trade marks have a high degree of visual similarity because of an identical arrangement of nine elements present in both the trade mark applied for and in most of the earlier marks, which are inherently distinctive.

Pleas in law:

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