Source: EURLEX
Language: en
Format: md

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| 2.7.2011 | EN | Official Journal of the European Union | C 194/17 |

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Action brought on 21 April 2011 — Caventa AG v OHIM — Anson’s Herrenhaus (BERG)

(Case T-224/11)

2011/C 194/28

Language in which the application was lodged: German

Parties

Applicant(s): Caventa AG (Rekingen, Switzerland) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Anson’s Herrenhaus KG (Düsseldorf, Germany)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2011 in Case R 1494/2010-1; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Caventa AG.

Community trade mark concerned: Word mark ‘BERG’ for goods in Classes 25 and 28 (Application No 7 115 009).

Proprietor of the mark or sign cited in the opposition proceedings: Anson’s Herrenhaus KG.

Mark or sign cited in opposition: Word mark ‘Christian Berg’ for goods and services in Classes 3, 18, 25 and 35 (Community trade mark No 3 383 676), the opposition being directed against registration for goods in Classes 25 and 28.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2011194EN.01001702-E0001) since there is no likelihood of confusion between the marks in question.

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