Judgment — ECLI:EU:T:2012:293
Date: 2012-06-13
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Cyprus

Action brought on 22 November 2010 - Organismos Kypriakis Galaktokomikis Viomichanias v OHIM - Garmo (GAZI Hellim) (Case T-535/10) Language in which the application was lodged: German Parties Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Lefkosia, Cyprus) (represented by: C. Milbradt and H. Van Volxem, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Garmo AG (Stuttgart, Germany) Form of order sought Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2010 in Case R 1497/2009-4; Order the defendant to pay the costs, including the costs incurred in the appeal proceedings. Pleas in law and main arguments Applicant for a Community trade mark: Garmo AG Community trade mark concerned: the figurative mark 'GAZI Hellim' for goods in Class 29 Proprietor of the mark or sign cited in the opposition proceedings: the applicant Mark or sign cited in opposition: the collective word mark 'HALLOUMI' for goods in Class 29 Decision of the Opposition Division: rejection of the opposition Decision of the Board of Appeal: dismissal of the appeal Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 1, as the marks and goods at issue are similar and there is a likelihood of confusion between the marks ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).