Judgment — ECLI:EU:T:2016:252
Date: 2016-04-28
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 23 April 2014 — Zehnder Group International v OHIM — Stiebel Eltron (comfotherm) (Case T-267/14) Language in which the application was lodged: German Parties Applicant: Zehnder Group International AG (Gränichen, Switzerland) (represented by: J. Krenzel, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Stiebel Eltron GmbH & Co. KG (Holzminden, Germany) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of 21 February 2014 in Case R 1318/2013-4; Order the defendant to pay the costs. Pleas in law and main arguments Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘comfotherm’ for goods in Classes 9 and 11 — Community trade mark No 8 859 472 Proprietor of the Community trade mark: the applicant Applicant for the declaration of invalidity of the Community trade mark: Stiebel Eltron GmbH & Co. KG Grounds for the application for a declaration of invalidity: the word mark ‘KOMFOTHERM’ for goods in Class 11 Decision of the Cancellation Division: the application for a declaration of invalidity was granted Decision of the Board of Appeal: the appeal was dismissed Pleas in law: the contested decision does not stand up to scrutiny as regards the finding in respect of the similarity of the goods