Source: EURLEX
Language: en
Format: md

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| 4.2.2012 | EN | Official Journal of the European Union | C 32/39 |

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Action brought on 6 December 2011 — Caventa v OHIM — Anson’s Herrenhaus (B BERG)

(Case T-631/11)

2012/C 32/78

Language in which the application was lodged: German

Parties

Applicant: Caventa AG (Rekingen, Switzerland) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Anson’s Herrenhaus KG (Düsseldorf, Germany)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2011 in Case R 2014/2010-1; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Caventa AG.

Community trade mark concerned: Figurative mark containing the word element ‘B BERG’ for goods in Classes 25 and 28.

Proprietor of the mark or sign cited in the opposition proceedings: Anson’s Herrenhaus KG.

Mark or sign cited in opposition: Word mark ‘Christian Berg’ for goods and services in Classes 3, 18, 25 and 35.

Decision of the Opposition Division: The opposition was rejected.

Decision of the Board of Appeal: The appeal was upheld and registration refused.

Pleas in law: There is no similarity between the goods at issue and no likelihood of confusion of the signs at issue.

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