CELEX: 62011TN0505
Language: en
Date: 2011-09-26 00:00:00
Title: Case T-505/11: Action brought on 26 September 2011 — Aldi v OHIM — Dialcos (dialdi)

3.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/21
            
         Action brought on 26 September 2011 — Aldi v OHIM — Dialcos (dialdi)
   (Case T-505/11)
   2011/C 355/38
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, L, Kolks and C. Fürsen, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Dialcos SpA (Due Carrare, Italy)
   
      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 5 July 2011 in Case R 1097/2010-2;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Dialcos SpA
   
      Community trade mark concerned: Figurative mark containing the word element ‘dialdi’ for goods in Classes 29 and 30.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: Word mark ‘ALDI’ for goods and services in Classes 3, 4, 7, 9, 16, 24, 25, 29, 30, 31, 32, 33, 34 and 36.
   
      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 No 207/2009, since there is a likelihood of confusion between the marks at issue.