CELEX: 62010TN0508
Language: en
Date: 2010-10-19 00:00:00
Title: Case T-508/10: Action brought on 19 October 2010 — Seba Diș Tįcaret ve Naklįyat v OHIM — von Eicken (SEBA TRADITION ESTABLISHED 1932 20 FILTER)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/56
            
         Action brought on 19 October 2010 — Seba Diș Tįcaret ve Naklįyat v OHIM — von Eicken (SEBA TRADITION ESTABLISHED 1932 20 FILTER)
   (Case T-508/10)
   ()
   2010/C 346/110
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Seba Diș Tįcaret ve Naklįyat A.S. (Istanbul, Turkey) (represented by: H. Wilde, 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: Johann Wilhelm von Eicken GmbH (Lübeck, Germany)
   
      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 18 August 2010 in Case R 0559/2009-4;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Coloured figurative mark, which contains the word elements ‘ESTABLISHED 1932 SEBA TRADITION’, for goods in Class 34.
   
      Proprietor of the Community trade mark: The Applicant.
   
      Applicant for the declaration of invalidity: Johann Wilhelm von Eicken GmbH
   
      Trade mark right of applicant for the declaration: German figurative mark, which contains the word elements ‘ESTABLISHED 1770 JOHANN WILHELM VON EICKEN TRADITION’, for goods in Class 34.
   
      Decision of the Cancellation Division: The application was granted.
   
      Decision of the Board of Appeal: The appeal was rejected.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) because there is no likelihood of confusion of the marks at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).