Source: EURLEX
Language: en
Format: md

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| 29.1.2011 | EN | Official Journal of the European Union | C 30/45 |

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Action brought on 22 November 2010 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (HELLIM)

(Case T-534/10)

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2011/C 30/81

Language in which the application was lodged: German

Parties

Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Lefkosia, Cyprus) (represented by: C. Milbradt and H. Van Volxem, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Garmo AG (Stuttgart, Germany)

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 20 September 2010 in Case R 794/2010-4; |

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| — | Order the defendant to pay the costs, including the costs incurred in the appeal proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Garmo AG

Community trade mark concerned: the word mark ‘HELLIM’ for goods in Class 29

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

Mark or sign cited in opposition: the collective word mark ‘HALLOUMI’ for goods in Class 29

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2011030EN.01004501-E0001), as the marks and goods at issue are similar and there is a likelihood of confusion between the marks, and infringement of Article 63(2) of Regulation No 207/2009 as the applicant should have been able to rely on having the opportunity to respond to the observations of the respondent in the appeal proceedings before OHIM

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