Source: EURLEX
Language: en
Format: md

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| 1.2.2016 | EN | Official Journal of the European Union | C 38/71 |

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Action brought on 30 November 2015 — Volfas Engelman v OHIM — Rauch Fruchtsäfte (BRAVORO PINTA)

(Case T-700/15)

(2016/C 038/96)

Language in which the application was lodged: English

Parties

Applicant: Volfas Engelman AB (Kaunas, Lithuania) (represented by: P. Olson, lawyer)

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

Other party to the proceedings before the Board of Appeal: Rauch Fruchtsäfte GmbH (Rankweil, Austria)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘BRAVORO PINTA’ — Application for registration No 10 725 381

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 17 September 2015 in Case R 1649/2014-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and allow registration of the CTM 1072538 and; |

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| — | order OHIM to bear the costs. |

Plea in law

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| — | The Board of Appeal erred in identifying the relevant public; |

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| — | The Board of Appeal erred in holding that the relevant public will display an average level of attention; |

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| — | The Board of Appeal erred by ignoring the significant visual elements of the applied for mark; |

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| — | The Board of Appeal erred by finding phonetic similarity between the marks; |

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| — | The Board of Appeal erred in basing the decision on finding that the earlier enjoys enhanced distinctiveness for energy drinks in paragraph 42 of the decision; |

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| — | The Board of Appeal erred in finding a likelihood of confusion. |

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