Judgment — ECLI:EU:T:2011:472
Date: 2011-09-14
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 21 June 2010 - K-Mail Order v OHIM - IVKO (MEN'Z) (Case T -279/10) Language in which the application was lodged: German Parties Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, 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 30 March 2010 in Case R 746/2009-1; Uphold the opposition against allowing the contested Community trade mark application; in the alternative, refer the case back to the Board of Appeal for further consideration; Order the unsuccessful party to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: IVKO Industrieprodukt-Vertriebskontakt GmbH Community trade mark concerned: the figurative mark MEN'Z for goods in Classes 9, 14 and 18 Proprietor of the mark or sign cited in the opposition proceedings: the applicant Mark or sign cited in opposition: the company name 'WENZ' used in Germany in the course of trade for goods in Classes 14, 18 and 25 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(4) in conjunction with Article 41(1)(c) of Regulation (EC) No 207/2009 1 and infringement of Article 76(1) of that regulation as the applicant's company name is of more than mere local significance ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).