CELEX: C2007/235/48
Language: en
Date: 2007-10-06 00:00:00
Title: Case T-315/07: Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)

6.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/26
            
         Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)
   (Case T-315/07)
   (2007/C 235/48)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Grohe AG (Hemer, Germany) (represented by: A. Lensing-Kramer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Compañía Roca Radiadores, S.A.
   Form of order sought
   
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               Annul the decision of the Fourth Board of Appeal of 19 June 2007 in Case R 850/2006-4;
            
         
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               alternatively, annul or amend the contested decision in so far as it finds that there is a similarity of goods between ‘kitchen faucets’ and ‘cast-iron bathtubs’ and, consequently, a likelihood of confusion between the opposing signs;
            
         
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               alternatively, annul or amend the contested decision in so far as it finds that there is a phonetic similarity in Spain between the mark applied for and the opposing mark and, consequently, in that respect a likelihood of confusion between the opposing signs;
            
         
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               alternatively, annul or amend the contested decision in so far as it finds that there is a lack of recognition in Spain of the name AKIRA in relation to a Japanese comic and, consequently, in that respect a likelihood of confusion between the opposing signs;
            
         
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               order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: Word mark ‘ALIRA’ for goods in Class 11 (Application No 2 766 640).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Compañía Roca Radiadores, S.A.
   
      Mark or sign cited in opposition: Spanish word mark ‘AKIRA’ for goods in Class 11 (No 2 045 604).
   
      Decision of the Opposition Division: Opposition allowed; registration refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1), as there is no likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).