Judgment — ECLI:EU:T:2012:373
Date: 2012-07-12
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 28 January 2011 - Vermop Salmon v OHIM - Leifheit (Clean Twist) (Case T-61/11) Language in which the application was lodged: German Parties Applicant: Vermop Salmon GmbH (Gilching, Germany) (represented by: W. von der Osten-Sacken, O. Sude and M. Ring, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Leifheit AG (Nassau, 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 19 November 2010 in Case R 671/2010-1; Declare Community trade mark No 4892642 'Clean Twist' invalid; Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay those of the applicant; In the event that Leifheit AG intervenes in the proceedings, order the intervener to bear its own 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 'Clean Twist' for goods in Class 21 Proprietor of the Community trade mark: Leifheit AG Applicant for the declaration of invalidity of the Community trade mark: the applicant Grounds for the application for a declaration of invalidity: the earlier word marks 'TWIX' and 'TWIXTER' for goods in Classes 9, 12, 21, 22 and 25. Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation (EC) No 207/2009.1 Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity Decision of the Board of Appeal: Dismissal of the appeal Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation (EC) No 207/2009 as there is a likelihood of confusion between the marks at issue. ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).