Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 18.11.2006 | EN | Official Journal of the European Union | C 281/37 |

---

Action brought on 22 August 2006 — Otto v OHIM — L'Altra Moda (l'Altra Moda)

(Case T-224/06)

(2006/C 281/65)

Language in which the application was lodged: English

Parties

Applicant: Otto (GmbH & Co KG) (Hamburg, Germany) (represented by: C. Rohnke and M. Munz, lawyers)

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

Other party to the proceedings before the Board of Appeal: L'Altra Moda SpA (Rome, Italy)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Second Board of Appeal dated 22 June 2006, docket No R793/2005-2; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: L'Altra Moda SpA.

Community trade mark concerned: The figurative mark ‘l'Altra Moda’ for goods in classes 3, 18 and 25

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

Mark or sign cited: The national figurative mark ‘Alba Moda’ for goods in class 25

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

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal wrongly considered the conflicting trade marks to be dissimilar.

Violation of Article 73 of the regulation as the Board of Appeal did not inform the applicant that it intended to reject the argument of increased distinctiveness and to disregard the applicant's pleading in this regard.

Violation of Article 74 of the regulation as the Board of Appeal did not take the necessary steps to determine the degree of distinctiveness of the trade mark ‘Alba Moda’.

---

[Top](#document1)