CELEX: 62011TN0206
Language: en
Date: 2011-04-04 00:00:00
Title: Case T-206/11: Action brought on 4 April 2011 — COMPLEX v OHIM — Kajometal (KX)

2.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/14
            
         Action brought on 4 April 2011 — COMPLEX v OHIM — Kajometal (KX)
   (Case T-206/11)
   2011/C 194/22
   Language in which the application was lodged: Polish
   
      Parties
   
   
      Applicant: COMPLEX S.A. (Łódź, Poland) (represented by: R. Rumpel, legal adviser)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kajometal s.r.o. (Dolny Kubin, Slovakia)
   
      Form of order sought
   
   
               —
            
            
               declare the action to be well founded;
            
         
               —
            
            
               annul the decision delivered by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 21 January 2011 in Case R 864/2010-2;
            
         
               —
            
            
               replace the contested decision by a decision refusing registration of the mark KX, No 61225405;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Kajometal s.r.o.
   
      Community trade mark concerned: word mark KX for goods in Class 7
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: Community word mark CX, No 3 588 241, registered for goods in Class 7, Community figurative mark CX PRECISION BEARINGS, No 397 932 , registered for goods in Class 7
   
      Decision of the Opposition Division: Opposition rejected
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: misapplication of Article 8(1)(b) of Regulation No 207/2009, (1) in that there is a likelihood of confusion as between the conflicting marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).