Source: EURLEX
Language: en
Format: md

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| 23.10.2010 | EN | Official Journal of the European Union | C 288/56 |

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Action brought on 27 August 2010 — Kraft Foods Schweiz v OHIM — Compañía Nacional de Chocolates (CORONA)

(Case T-357/10)

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(2010/C 288/104)

Language in which the application was lodged: English

Parties

Applicant: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland) (represented by: P. Péters and T. de Haan, lawyers)

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

Other party to the proceedings before the Board of Appeal: Compañía Nacional de Chocolates SA (Medellín, Colombia)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 June 2010 in case R 696/2009-4; and |

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| — | Order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘CORONA’, for goods in class 30

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Estonian trade mark registration No 20671 of the word mark ‘KARUNA’, for goods in class 30; Latvian trade mark registration No M36592 of the word mark ‘KARUNA’, for goods in class 30; Lithuanian trade mark registration No 28143 of the word mark ‘KARŪNA’, for goods in class 30

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Annulled the decision of the opposition division and rejected the opposition

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal incorrectly excluded likelihood of confusion; infringement of Article 8(5) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that the marks are not similar or identical.

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