Source: EURLEX
Language: en
Format: md

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| 1.8.2009 | EN | Official Journal of the European Union | C 180/54 |

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Action brought on 19 May 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)

(Case T-195/09)

2009/C 180/100

Language in which the application was lodged: English

Parties

Applicants: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson and J. Olsson, lawyers)

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

Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2009 in case R 577/2008-2; and |

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| — | Order the defendant to pay the costs incurred both in the proceedings before the Court of First Instance and before OHIM. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark “KATOZ”, for goods in classes 29, 30 and 31

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: German trade mark registration of the figurative mark “KATTUS” for goods in classes 29, 30, 31 and 33

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal and partially rejected the application for the Community trade mark

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the trade marks concerned.

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