Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 9.2.2008 | EN | Official Journal of the European Union | C 37/32 |

---

Action brought on 10 December 2007 — WellBiz v OHIM — Wild (WELLBIZ)

(Case T-451/07)

(2008/C 37/51)

Language in which the application was lodged: German

Parties

Applicant: WellBiz Verein, WellBiz Association (Eschen, Liechtenstein) (represented by: M. Schnetzer)

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

Other party to the proceedings before the Board of Appeal: Rudolf Wild GmbH & Co. KG (Eppelhein, Germany)

Form of order sought

|  |  |
| --- | --- |
| — | To annul the decision of the First Board of Appeal of 2 October 2007 in Case R 1575/2006-1; |

|  |  |
| --- | --- |
| — | To reject Opposition No B 809 394 of the opponent of 9 March 2005; |

|  |  |
| --- | --- |
| — | To order OHIM and the opponent to pay the costs of the present case and also those incurred in the opposition and appeal proceedings before OHIM. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘WELLBIZ’ in respect of services in Classes 35 and 41 (application No 3 844 479).

Proprietor of the mark or sign cited in the opposition proceedings: Rudolf Wild GmbH & Co. KG.

Mark or sign cited in opposition: the word mark ‘WILD.BIZ’ for services in Classes 38, 41 and 42 (Community trade mark No 2 225 175), the opposition being based on some of the services in Class 41.

Decision of the Opposition Division: Opposition upheld in relation to all the contested services in Class 41.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008037EN.01003202-E0001), since the marks in question differ phonetically, figuratively and conceptually, and the mark cited in opposition does not enjoy a particularly high degree of recognition and does not therefore possess a high level of distinctiveness.

---

[Top](#document1)