Judgment — ECLI:EU:T:2011:23
Date: 2011-02-02
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Action brought on 19 October 2009 - Oyster Cosmetics v OHIM - Kadabell (OYSTER COSMETICS) (Case T-437/09) Language in which the application was lodged: English Parties Applicant: Oyster Cosmetics SpA (Castiglione delle Stiviere, Italy) (represented by: A. Perani and P. Pozzi, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Kadabell GmbH & Co. KG (Lenzkirch, Germany) 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 5 August 2009 in case R 1367/2008-1; Order the adverse parties to bear the costs of the present proceedings. Pleas in law and main arguments Applicant for the Community trade mark: The applicant Community trade mark concerned: The figurative mark "OYSTER COSMETICS", for goods in class 3 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited: Community trade mark registration of the figurative mark "KADUS OYSTRA AUTO STOP PROTECTION" for goods in class 3 Decision of the Opposition Division: Allowed the opposition partially Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned. ____________