Source: EURLEX
Language: en
Format: md

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| 29.10.2011 | EN | Official Journal of the European Union | C 319/23 |

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Action brought on 29 August 2011 — Colgate-Palmolive v OHIM — dm drogerie markt (360o SONIC ENERGY)

(Case T-467/11)

2011/C 319/49

Language in which the application was lodged: English

Parties

Applicant: Colgate-Palmolive Company (New York, United States) (represented by: M. Zintler and G. Schindler, lawyers)

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

Other party to the proceedings before the Board of Appeal: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany)

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 25 May 2011 in case R 1094/2010-2; and |

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| — | Reject the opposition |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘360° SONIC ENERGY’, for ‘toothbrushes’ in class 21 — Community trade mark application No 6236533

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: International trade mark registration No 842882 of the word mark ‘SONIC POWER’, for goods in classes 3 and 21

Decision of the Opposition Division: Upheld the opposition and rejected the Community trade mark application 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 incorrectly found a likelihood of confusion between the marks at issue.

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