CELEX: 62010TN0581
Language: en
Date: 2010-12-23 00:00:00
Title: Case T-581/10: Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)

26.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/29
            
         Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
   (Case T-581/10)
   2011/C 63/56
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Brawn LLC (Weekhawken, United States of America)
   
      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 6 October 2010 in Case R 1580/2009-1;
            
         
               —
            
            
               Order the defendant to bear its own costs and pay those incurred by the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: Word mark ‘X-Undergear’ for goods and services in Classes 23 and 25.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Brawn LLC.
   
      Mark or sign cited in opposition: National and Community word mark ‘UNDERGEAR’ for goods in Class 25.
   
      Decision of the Opposition Division: Upheld the opposition.
   
      Decision of the Board of Appeal: Dismissed the appeal.
   
      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 two 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).