CELEX: 62009TN0112
Language: en
Date: 2009-03-19 00:00:00
Title: Case T-112/09: Action brought on 19 March 2009 — Icebreaker v OHIM — Gilmar (ICEBREAKER)

16.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/41
            
         Action brought on 19 March 2009 — Icebreaker v OHIM — Gilmar (ICEBREAKER)
   (Case T-112/09)
   2009/C 113/83
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Gilmar SpA (San Giovanni in Marignano (Rimini), Italy)
   
      Form of order sought
   
   
               —
            
            
               Reverse the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2009 in case R 1536/2007-4 and approve for registration for goods in class 25 the Community trade mark concerned; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘ICEBREAKER’, for goods in classes 9, 24 and 25 — application No 3 205 523
   
      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: Italian trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; International trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; Spanish trade mark registration of the word mark ‘ICEBERG’ for goods in class 25; Italian trade mark registration of the word mark ‘ICE’ for goods in class 25; International trade mark registration of the word mark ‘ICE’ for goods in class 25
   
      Decision of the Opposition Division: Partially allowed the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there is a likelihood of confusion between the trade marks concerned.