CELEX: 62012TN0077
Language: en
Date: 2012-02-16 00:00:00
Title: Case T-77/12: Action brought on 16 February 2012 — Wahl v OHIM — Tenacta Group (bellissima)

14.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 109/30
            
         Action brought on 16 February 2012 — Wahl v OHIM — Tenacta Group (bellissima)
   (Case T-77/12)
   2012/C 109/60
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Wahl GmbH (Unterkirnach, Germany) (represented by: T. Kieser, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tenacta Group SpA (Azzano S. Paolo, Italy)
   
      Form of order sought
   
   
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               Alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889;
            
         
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               in the alternative, alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889 in relation to registration of the trade mark applied for in respect of goods in Class 7;
            
         
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               order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Wahl GmbH.
   
      Community trade mark concerned: Figurative mark ‘bellissima’ for goods in Classes 7 and 8 (application No 8406704).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Tenacta Group SpA.
   
      Mark or sign cited in opposition: Figurative mark ‘bellissima IMETEC’ for goods in Classes 9 and 11 (Community trade mark No 4534889).
   
      Decision of the Opposition Division: Opposition allowed.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, as there is no likelihood of confusion between the marks at issue.