CELEX: 62011TN0624
Language: en
Date: 2011-11-30 00:00:00
Title: Case T-624/11: Action brought on 30 November 2011 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/38
            
         Action brought on 30 November 2011 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO)
   (Case T-624/11)
   2012/C 32/76
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Yueqing Onesto Electric Co. Ltd (Zhejiang, China) (represented by: B. Piepenbrink, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Ensto Oy (Porvoo, Finland)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2011 in case R 2535/2010-2; and
            
         
               —
            
            
               Order that the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘ONESTO’, for goods in class 9 — Community trade mark application No W00909305
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Community trade mark registration No 1980242 of the figurative mark ‘ENSTO’, for goods in classes 7, 9 and 11; Community trade mark registration No 40600 of the word mark ‘ENSTO’, for goods in classes 7, 9, 11 and 16; Finish trade mark registration No 218071 of the word mark ‘ENSTO’, for goods in classes 7, 9 and 11
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the community trade mark application
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erroneously found that there exists a likelihood of confusion between the earlier mark and the Community trade mark application.