CELEX: 62010TN0403
Language: en
Date: 2010-09-07 00:00:00
Title: Case T-403/10: Action brought on 7 September 2010 — Brighton Collectibles v OHIM — Felmar (BRIGHTON)

4.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/31
            
         Action brought on 7 September 2010 — Brighton Collectibles v OHIM — Felmar (BRIGHTON)
   (Case T-403/10)
   ()
   2010/C 328/54
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Brighton Collectibles, Inc. (City of Industry, USA) (represented by: R. Delorey, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Felmar (Paris, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 June 2010 in case R 408/2009-4;
            
         
               —
            
            
               Annul all costs orders made against the applicant by the Office for Harmonisation in the Internal Market (Trade Marks and Designs); and
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘BRIGHTON’, for goods in class 25
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: Non-registered word and figurative trade marks ‘BRIGHTON’ and ‘Brighton’, used in the course of trade in the United Kingdom, Ireland, Germany and Italy in respect of belts; well-known word and figurative trade marks ‘BRIGHTON’ and ‘Brighton’, used in the course of trade in the United Kingdom, Ireland, Germany and Italy in respect of leather goods, hats, jewellery and watches
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009, as the Board of Appeal erred in law, in finding that the earlier rights on which the opposition was based not to have been substantiated; infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal incorrectly excluded likelihood of confusion.