CELEX: 62011TN0617
Language: en
Date: 2011-12-05 00:00:00
Title: Case T-617/11: Action brought on 5 December 2011 — Meyr-Melnhof Karton v OHIM — Stora Enso (SILVAWHITE)

4.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/37
            
         Action brought on 5 December 2011 — Meyr-Melnhof Karton v OHIM — Stora Enso (SILVAWHITE)
   (Case T-617/11)
   2012/C 32/73
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Meyr-Melnhof Karton AG (Vienna, Austria) (represented by: P. Baronikians and N. Wittich, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Stora Enso Oyj (Helsinki, Finland)
   
      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 21 September 2011 in case R 2139/2010-2;
            
         
               —
            
            
               Reject the opposition against the Community trade mark application No 8197469; and
            
         
               —
            
            
               Order that the defendant pays the applicant’s costs incurred before OHIM and the General Court.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘SILVAWHITE’, for goods in class 16 — Community trade mark application No 8197469
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Finnish trade mark registration No 231953 of the word ‘SILVAPRESS’, for goods in class 16; International trade mark registration No 872793 of the word ‘SILVAPRESS’, for goods in class 16
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.