CELEX: 62009TN0444
Language: en
Date: 2009-10-29 00:00:00
Title: Case T-444/09: Action brought on 29 October 2009 — La City v OHIM — Bücheler and Ewert

16.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 11/34
            
         Action brought on 29 October 2009 — La City v OHIM — Bücheler and Ewert
   (Case T-444/09)
   2010/C 11/63
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: La City (La Courneuve, France) (represented by: S. Bénoliel-Claux, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other parties to the proceedings before the Board of Appeal of OHIM: Andreas Bücheler and Konstanze Ewert (Engelskirchen, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 August 2009 in Case R 233/2008-1;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Andreas Bücheler and Konstanze Ewert
   
      Community trade mark concerned: the word mark ‘citydogs’ for goods in Classes 16, 18 and 25 (Application No 4 692 381)
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the French word mark ‘CITY’ for goods in Classes 9, 14, 18 and 25; the opposition is against registration in Classes 18 and 25
   
      Decision of the Opposition Division: opposition upheld
   
      Decision of the Board of Appeal: annulment of the contested decision and dismissal of the opposition
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) owing to the absence of likelihood of confusion of the marks at issue