CELEX: 62011TN0225
Language: en
Date: 2011-04-21 00:00:00
Title: Case T-225/11: Action brought on 21 April 2011 — Caventa AG v OHIM — Anson’s Herrenhaus (BERG)

2.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/18
            
         Action brought on 21 April 2011 — Caventa AG v OHIM — Anson’s Herrenhaus (BERG)
   (Case T-225/11)
   2011/C 194/29
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant(s): 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) of 10 February 2011 in Case R 740/2010-1;
            
         
               —
            
            
               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 ‘BERG’ for goods in Classes 25 and 28 (Application No 7 124 084).
   
      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 (Community trade mark No 3 383 676), the opposition being directed against registration for goods in Classes 25 and 28.
   
      Decision of the Opposition Division: Opposition upheld.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the marks in question.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (Consolidated Version) (OJ 2009 L 78, p. 1).