CELEX: 62008TN0005
Language: en
Date: 2008-01-04 00:00:00
Title: Case T-5/08: Action brought on 4 January 2008 — Nestlé v OHIM — Master Beverage Industries (Golden Eagle)

8.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 64/55
            
         Action brought on 4 January 2008 — Nestlé v OHIM — Master Beverage Industries (Golden Eagle)
   (Case T-5/08)
   (2008/C 64/88)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Société des Produits Nestlé SA (Vevey, Switzerland) (represented by: A. von Mühlendahl, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Master Beverage Industries Pte Ltd (Singapore, Singapore)
   Form of order sought
   
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               Annul the decision of the defendant's Second Board of Appeal of 1 October 2007, Case R 563/2006-2 (CTM 3 157 005);
            
         
               —
            
            
               decide that the contested CTM application No 3 157 005 RED MUG device with ‘Golden Eagle’ and eagle design must be rejected;
            
         
               —
            
            
               order the defendant to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal;
            
         
               —
            
            
               order Master Beverage, the other party to the proceedings before the Board of Appeal, to pay the costs of the proceedings; including those incurred by the applicant before the Board of Appeal, in case it should become an intervening party in this case.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: Master Beverage Industries Pte Ltd
   
      Community trade mark concerned: The figurative mark ‘Golden Eagle’ for goods in class 30 — application No 3 157 005
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The Community, international and national figurative marks and word marks ‘Red Cup’, ‘Gold Blend’ and representations of a cup for, inter alia, coffee
   
      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) and 8(5) of Council Regulation No 40/94, as the conflicting trade marks have a high degree of visual similarity because of an identical arrangement of nine elements present in both the trade mark applied for and in most of the earlier marks, which are inherently distinctive.