CELEX: 62012TN0114
Language: en
Date: 2012-03-08 00:00:00
Title: Case T-114/12: Action brought on 8 March 2012 — Bode Chemie v OHIM — Laros (sterilina)

9.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/21
            
         Action brought on 8 March 2012 — Bode Chemie v OHIM — Laros (sterilina)
   (Case T-114/12)
   2012/C 165/36
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: Bode Chemie GmbH (Hamburg, Germany) (represented by: N. Aicher, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Laros Srl (Cremona, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2012 in Case R 2423/2010-4; and
            
         
               —
            
            
               order the defendant to pay the costs, including the costs of the appeal proceedings before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party before the Board of Appeal.
   
      Community trade mark concerned: Figurative mark consisting of the word elements ‘sterilina’, in the colours white and red for goods in Classes 3 and 5 — Community trade mark applied for No 8120032.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: Community trade mark ‘STERILLIUM’ No 221168 for goods in Class 5; Figurative Community mark in the colours blue and white ‘BODE Sterillium’ No 6262257 for goods in Class 5.
   
      Decision of the Opposition Division: Rejection of the opposition in its entirety.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Breach of Article 8(1)(b) of Regulation No 2007/2009, in that contrary to the opinion of the Board of Appeal, a global assessment of the relevant criteria in respect of the identity and/or similarity between the goods, of the similarity between the signs and the distinctive character of the opposing mark leads to a determination of a likelihood of confusion for the public.