CELEX: 62011TN0280
Language: en
Date: 2011-05-31 00:00:00
Title: Case T-280/11: Action brought on 31 May 2011 — Ewald v OHIM — Kin Cosmetics (Keen)

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/20
            
         Action brought on 31 May 2011 — Ewald v OHIM — Kin Cosmetics (Keen)
   (Case T-280/11)
   2011/C 238/36
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Rita Ewald (Frauenwald, Germany) (represented by: S. Reinhardt, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal: Kin Cosmetics, SA (Sant Feliu de Guixols, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of OHIM of 3 March 2011 in Case R 1383/2010-1;
            
         
               —
            
            
               Reject the opposition filed at OHIM on 24 July 2008 under No B 1359944 by KIN COSMETICS, SA against Community trade mark application No EM 006 498 621‘Keen’;
            
         
               —
            
            
               In the alternative, in the event that the Court cannot itself reach a decision under the second head of claim, refer the case back to OHIM for a fresh decision;
            
         
               —
            
            
               Order the defendant and KIN COSMETICS, SA, in so far as it decides to participate in the proceedings, to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the word mark ‘Keen’ for goods and services in Classes 3 and 44 — application No 6 498 621
   
      Proprietor of the mark or sign cited in the opposition proceedings: Kin Cosmetics, SA
   
      Mark or sign cited in opposition: the Community and national word and figurative marks ‘KIN’, ‘KinBooKs’, ‘KINWORKS’ and ‘KINSTYLIUM’ for goods and services in Classes 3, 5, 35 and 44
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was 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.