Judgment — ECLI:EU:T:2013:89
Date: 2013-02-21
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 28 September 2010 - ESGE v OHIM - Kenwood Appliances Luxembourg (KMIX) (Case T -444/10) Language in which the application was lodged: German Parties Applicant: ESGE AG (Bussnang, Switzerland) (represented by: J. Klink, 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: Kenwood Appliances Luxembourg SA (Luxembourg, Luxembourg) Form of order sought Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2010 in Case R 1249/2009-2; Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2010 in Case R 1249/2009-2 so that the Opposition Division's decision of 21 August 2008 in Case B 1252958 is annulled; Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings, including the costs incurred in the course of the appeal procedure. Pleas in law and main arguments Applicant for a Community trade mark: Kenwood Appliances Luxembourg SA Community trade mark concerned: the word mark 'KMIX' for goods in Classes 7 and 11 Proprietor of the mark or sign cited in the opposition proceedings: the applicant Mark or sign cited in opposition: the word mark 'BAMIX' for goods in Classes 7 and 40 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 207/20091 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).