Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 4.2.2012 | EN | Official Journal of the European Union | C 32/37 |

---

Action brought on 5 December 2011 — Meyr-Melnhof Karton v OHIM — Stora Enso (SILVAWHITE)

(Case T-617/11)

2012/C 32/73

Language in which the application was lodged: English

Parties

Applicant: Meyr-Melnhof Karton AG (Vienna, Austria) (represented by: P. Baronikians and N. Wittich, lawyers)

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

Other party to the proceedings before the Board of Appeal: Stora Enso Oyj (Helsinki, Finland)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2011 in case R 2139/2010-2; |

|  |  |
| --- | --- |
| — | Reject the opposition against the Community trade mark application No 8197469; and |

|  |  |
| --- | --- |
| — | Order that the defendant pays the applicant’s costs incurred before OHIM and the General Court. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SILVAWHITE’, for goods in class 16 — Community trade mark application No 8197469

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: Finnish trade mark registration No 231953 of the word ‘SILVAPRESS’, for goods in class 16; International trade mark registration No 872793 of the word ‘SILVAPRESS’, for goods in class 16

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.

---

[Top](#document1)