CELEX: 62011TN0631
Language: en
Date: 2011-12-06 00:00:00
Title: Case T-631/11: Action brought on 6 December 2011 — Caventa v OHIM — Anson’s Herrenhaus (B BERG)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/39
            
         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
   
   
               —
            
            
               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;
            
         
               —
            
            
               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.