Source: EURLEX
Language: en
Format: md

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| 17.3.2012 | EN | Official Journal of the European Union | C 80/23 |

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Action brought on 17 January 2012 — Bauer v OHIM — BenQ Materials (Daxon)

(Case T-29/12)

2012/C 80/39

Language in which the application was lodged: German

Parties

Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)

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

Other party to the proceedings before the Board of Appeal: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)

Form of order sought

The applicant claims that the Court should:

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| — | annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 November 2011 in Case R 2191/2010-2 in its entirety; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: BenQ Materials Corp.

Community trade mark concerned: the word mark ‘Daxon’ for goods in Classes 3, 5 and 10

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the word mark ‘DALTON’ for goods and services in Classes 3, 5, 18, 25, 35, 41 and 44

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 No 207/2009 as there is a likelihood of confusion between the marks at issue.

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