Case T-306/07: Action brought on 9 August 2007 — Offshore Legends v OHIM — Acteon (OFFSHORE LEGENDS (in blue, black, green))
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

10.11.2007

EN

Official Journal of the European Union

C 269/49

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal of OHIM:
Acteon SARL (Saint-Tropez, France)

Other party to the proceedings before the Board of Appeal of OHIM:
Acteon SARL (Saint-Tropez, France)

Form of order sought

Form of order sought

— Annul, in part, the decision of the Second Board of Appeal

of 29 May 2007 (Case R 1031/2006-2);

— Annul, in part, the decision of the Second Board of Appeal

of 29 May 2007 (Case R 1038/2006-2);

— Order OHMI to pay the costs.

— Order OHMI to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Offshore Legends

Applicant for a Community trade mark: Offshore Legends

Community trade mark concerned: The figurative mark ‘Offshore
Legends’, in black and white, for goods in classes 3, 9, 14, 18,
20, 24, 25, 28 and 35 — Application No 3 160 231

Proprietor of the mark or sign cited in the opposition proceedings:
Acteon SARL

Mark or sign cited in opposition: National and international figura-
tive mark ‘Offshore One’ for products in classes 16, 18 and 25

Decision of the Opposition Division: The opposition is rejected in
respect of the entirety of the contested goods

Decision of the Board of Appeal: Partial annulment of the decision
of the opposition division, to the extent that it rejected the
opposition in respect of the products in classes 18 and 25

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), to the extent that the Board of Appeal erred in its
assessment of the risk of confusion and, in particular, erred with
regard to the assessment of the similarity of the trade marks in
question.

Community trade mark concerned: The figurative mark ‘Offshore
Legends’ in blue, black and green, for goods in classes 3, 9, 14,
18, 20, 24, 25, 28 and 35 — Application No 2 997 021

Proprietor of the mark or sign cited in the opposition proceedings:
Acteon SARL

Mark or sign cited in opposition: National and international figura-
tive mark ‘Offshore One’ for goods in classes 16, 18 and 25

Decision of the Opposition Division: The opposition is rejected in
respect of the entirety of the contested goods

Decision of the Board of Appeal: Partial annulment of the decision
of the opposition division, to the extent that it rejected the
opposition in respect of the goods in classes 18 and 25

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), to the extent that the Board of Appeal erred in its
assessment of the risk of confusion and, in particular, erred with
regard to the assessment of the similarity of the trade marks in
question.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 9 August 2007 — Offshore Legends v
OHIM — Acteon (OFFSHORE LEGENDS (in blue, black,
green))

(Case T-306/07)

(2007/C 269/88)

Language in which the application was lodged: French

Parties

Action brought on 16 August 2007 — Tegebauer v
Parliament

(Case T-308/07)

(2007/C 269/89)

Language of the case: German

Parties

Applicant: Ingo-Jens Tegebauer (Trier, Germany) (represented by:
R. Nieporte, lawyer)

Applicant: Offshore Legends NV (Nevele, Belgium) (represented
by: P. Mayaert and N. Clarembeaux, lawyers)

Defendant: European Parliament