CELEX: 62011TN0461
Language: en
Date: 2011-08-22 00:00:00
Title: Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)

19.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 340/25
            
         Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
   (Case T-461/11)
   2011/C 340/52
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Natura Selection SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Ernest Menard SA (Bourseul, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               admit the present application;
            
         
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               require OHIM to produce in these proceedings the evidence of reputation to which the applicant referred during the appeal procedure in Case R 2454/2010-2 and which is identified in paragraph 39 of the application;
            
         
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               annul the decision of the Second Board of Appeal of OHIM of 8 June 2011 in Case R 2454/2010-2 and the decision of the Opposition Division of 21 October 2010 in Case B 1072513;
            
         
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               grant full registration to figurative mark No 4 713 368‘natura’, refused by opposition B 1072513 for goods in Class 20;
            
         
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               order OHIM to pay all the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Natura Selection
   
      Community trade mark concerned: Figurative mark ‘natura’ for goods and services in Classes 14, 20, 25 and 35.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Ernest Menard SA.
   
      Mark or sign cited in opposition: Word mark ‘natura’ for goods and services in Classes 19 and 20.
   
      Decision of the Opposition Division: Opposition upheld.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) given that there is no likelihood of confusion between the trade 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).