Source: EURLEX
Language: en
Format: md

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| 6.10.2007 | EN | Official Journal of the European Union | C 235/23 |

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Action brought on 7 August 2007 — Nölle v OHIM — Viña Carta Vieja (Puzzle)

(Case T-303/07)

(2007/C 235/42)

Language in which the application was lodged: German

Parties

Applicant: Jürgen Nölle (Rheinberg, Germany) (represented by: J. Reinartz, 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: Viña Carta Vieja S.A.

Form of order sought

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| — | Reject in its entirety the opposition of 24 February 2005 brought by Viña Carta Vieja S.A. against the trade mark application made by the applicant on 20 February 2004 in relation to the word mark ‘Puzzle’, and in so doing annul the decision of the Second Board of Appeal of 5 June 2007 in Case R 911/2006-2 and the decision of the Opposition Division of 29 June 2006 No B 802 340; |

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| — | Order the defendant to pay the costs of the proceedings including the costs incurred by any intervening party. |

Pleas in law and main arguments

Applicant for a Community trade mark: The Applicant

Community trade mark concerned: The word mark ‘Puzzle’ for goods in classes 16, 32 and 33 (Application No 3 674 651).

Proprietor of the mark or sign cited in the opposition proceedings: Viña Carta Vieja S.A.

Mark or sign cited in opposition: In particular the word mark ‘MONKEY PUZZLE’ for goods in class 33 (Community trade mark No 3 238 144).

Decision of the Opposition Division: partial grant of the opposition.

Decision of the Board of Appeal: annulment of the decision of the Opposition Division, to the extent that it granted the opposition for goods in class 32.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007235EN.01002301-E0001), because there is no likelihood of confusion between the opposing trade marks.

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