CELEX: 62010TN0505
Language: en
Date: 2010-10-18 00:00:00
Title: Case T-505/10: Action brought on 18 October 2010 — Höganäs v OHIM — Haynes (ASTALOY)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/55
            
         Action brought on 18 October 2010 — Höganäs v OHIM — Haynes (ASTALOY)
   (Case T-505/10)
   ()
   2010/C 346/108
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Höganäs AB (Höganäs, Sweden) (represented by: L.-E. Ström, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Haynes International, Inc. (Kokomo, USA)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 August 2010 in case R 1530/2009-4;
            
         
               —
            
            
               Reject the opposition decision No B 85624; and
            
         
               —
            
            
               Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark “ASTALOY”, for goods in class 6 — Community trade mark application No 3890233
   
      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: Community trade mark registration No 55400 of the word mark “HASTELLOY”, for goods in class 6
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: The applicant considers that the contested decision infringes Articles 8 and 9 of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment of likelihood of confusion as well as in its assessment of the similarity of the contested trade mark.