Source: EURLEX
Language: en
Format: md

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| 19.3.2011 | EN | Official Journal of the European Union | C 89/26 |

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Action brought on 28 January 2011 — Present Service Ullrich v OHIM — Punt-Nou (babilu)

(Case T-66/11)

2011/C 89/50

Language in which the application was lodged: English

Parties

Applicant: Present Service Ullrich Verwaltungs-GmbH (Erlangen, Germany) (represented by: A. Graf von Kalckreuth, lawyer)

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

Other party to the proceedings before the Board of Appeal: Punt-Nou, SL (Ontynient, Spain)

Form of order sought

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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 19 November 2010 in case R 773/2010-2; |

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| — | Dismiss the opposition against the applicant’s trade mark ‘babilu’ and declare that the trade mark ‘babilu’ should be registered for all the goods and services applied for; |

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| — | Order the defendant to bear the costs of the proceedings |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘babilu’, for goods and services in classes 16, 18, 35, 36, 38 and 41 — Community trade mark application No 7205305

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 3363645 of the word mark ‘BABIDU’, for amongst others, services in class 35

Decision of the Opposition Division: Accepted the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was likelihood of confusion on the part of the relevant public.

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