Source: EURLEX
Language: en
Format: md

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| 6.10.2007 | EN | Official Journal of the European Union | C 235/26 |

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Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)

(Case T-315/07)

(2007/C 235/48)

Language in which the application was lodged: German

Parties

Applicant: Grohe AG (Hemer, Germany) (represented by: A. Lensing-Kramer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Compañía Roca Radiadores, S.A.

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of 19 June 2007 in Case R 850/2006-4; |

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| — | alternatively, annul or amend the contested decision in so far as it finds that there is a similarity of goods between ‘kitchen faucets’ and ‘cast-iron bathtubs’ and, consequently, a likelihood of confusion between the opposing signs; |

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| — | alternatively, annul or amend the contested decision in so far as it finds that there is a phonetic similarity in Spain between the mark applied for and the opposing mark and, consequently, in that respect a likelihood of confusion between the opposing signs; |

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| — | alternatively, annul or amend the contested decision in so far as it finds that there is a lack of recognition in Spain of the name AKIRA in relation to a Japanese comic and, consequently, in that respect a likelihood of confusion between the opposing signs; |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘ALIRA’ for goods in Class 11 (Application No 2 766 640).

Proprietor of the mark or sign cited in the opposition proceedings: Compañía Roca Radiadores, S.A.

Mark or sign cited in opposition: Spanish word mark ‘AKIRA’ for goods in Class 11 (No 2 045 604).

Decision of the Opposition Division: Opposition allowed; registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007235EN.01002601-E0001), as there is no likelihood of confusion between the opposing marks.

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