CELEX: 62010TN0013
Language: en
Date: 2010-01-20 00:00:00
Title: Case T-13/10: Action brought on 20 January 2010 — Klaus Goutier v OHIM — Rauch (ARANTAX)

27.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/35
            
         Action brought on 20 January 2010 — Klaus Goutier v OHIM — Rauch (ARANTAX)
   (Case T-13/10)
   2010/C 80/58
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Klaus Goutier (Frankfurt am Main, Germany) (represented by: E.E. Happe, 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: Norbert Rauch (Herzogenaurach, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 November 2009 (in Case R 1769/2008-4) in so far as the application for a Community mark annulling the contested decision was rejected for the following services:
               
                           —
                        
                        
                           Class 35 — Tax consultancy, tax preparation, accounting, auditing, professional business consultancy, business consultancy;
                        
                     
                           —
                        
                        
                           Class 36 — Fiscal assessments, mergers and acquisitions, namely financial consultancy with regard to the purchase or sale of companies and company shares, financial management;
                        
                     
                           —
                        
                        
                           Class 43 — Provision of legal services, legal research;
                        
                     
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Klaus Goutier
   
      Community trade mark concerned: the word mark ‘ARANTAX’ for services in Classes 35, 36 and 42 (Application No 4 823 084)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Norbert Rauch
   
      Mark or sign cited in opposition: the German word mark ‘atarax’ No 30 168 707 for goods and services in Classes 9, 35, 37, 41 and 42
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Partial annulment of the Opposition Division’s decision and partial rejection of the Community trade mark application
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, (1) owing to the absence of 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).