CELEX: 62010TN0444
Language: en
Date: 2010-09-28 00:00:00
Title: Case T-444/10: Action brought on 28 September 2010 — ESGE v OHIM — Kenwood Appliances Luxembourg (KMIX)

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/44
            
         Action brought on 28 September 2010 — ESGE v OHIM — Kenwood Appliances Luxembourg (KMIX)
   (Case T-444/10)
   ()
   2010/C 317/78
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: ESGE AG (Bussnang, Switzerland) (represented by: J. Klink, 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: Kenwood Appliances Luxembourg SA (Luxembourg, Luxembourg)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2010 in Case R 1249/2009-2;
            
         
               —
            
            
               Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2010 in Case R 1249/2009-2 so that the Opposition Division’s decision of 21 August 2008 in Case B 1252958 is annulled;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings, including the costs incurred in the course of the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Kenwood Appliances Luxembourg SA
   
      Community trade mark concerned: the word mark ‘KMIX’ for goods in Classes 7 and 11
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the word mark ‘BAMIX’ for goods in Classes 7 and 40
   
      Decision of the Opposition Division: rejection of the opposition
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) as there is a likelihood of confusion between 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).