CELEX: C2006/212/59
Language: en
Date: 2006-09-02 00:00:00
Title: Case T-175/06: Action brought on 29 June 2006 — Coca-Cola Company v OHIM — Azienda Agricola San Polo (MEZZOPANE)

2.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/33
            
         Action brought on 29 June 2006 — Coca-Cola Company v OHIM — Azienda Agricola San Polo (MEZZOPANE)
   (Case T-175/06)
   (2006/C 212/59)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Coca-Cola Company (N.W Atlanta, Georgia, U.S.A) (represented by: E. Armijo Chavarri and A. Castán Pérez-Gómez, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Azienda Agricola San Polo Exe S.r.l
   Form of order sought
   
               —
            
            
               annul the decision of the First Board of Appeal of OHIM of 5 April 2006 in Case R-99/2005-1;
            
         
               —
            
            
               order the Office to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Azienda Agricola San Polo Exe S.r.l
   
      Community trade mark concerned: Figurative mark 'MEZZOPANE' for goods in Class 33 — Application No 2 242 147.
   Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Word mark 'MEZZO' and 'MEZZOMIX' for goods in Class 32.
   
      Decision of the Opposition Division: Application for registration of the mark refused.
   
      Decision of the Board of Appeal: Opposition Division's decision annulled.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 since the goods designated by the opposing marks are similar, the opposing marks are visually and phonetically similar and the marks at issue are capable of giving rise to a likelihood of confusion in the course of trade.