CELEX: C2005/143/74
Language: en
Date: 2005-06-11 00:00:00
Title: Case T-133/05: Action brought on 17 March 2005 by Gérard Meric against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

11.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/39
            
         Action brought on 17 March 2005 by Gérard Meric against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   (Case T-133/05)
   (2005/C 143/74)
   Language in which the application was submitted: French
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 17 March 2005 by Gérard Meric, residing in Paris (France), represented by Pascal Murzeau, lawyer.
   ARBORA & AUSONIA, S.L. was also a party to the proceedings before the First Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 January 2005 and, accordingly;
            
         
               —
            
            
               reject the opposition entered by the company ARBORA & AUSONIA, S.L. to registration of the trade mark ‘PAM-PIM'S BABY-PROP’;
            
         
               —
            
            
               order the latter to pay all the costs incurred by the applicant.
            
         Pleas in law and main arguments
   
               Applicant for Community trade mark:
            
            
               The applicant.
            
         
               Community trade mark concerned:
            
            
               Word mark ‘PAM-PIM'S BABY-PROP’ in respect of goods in Class 16 (Babies' napkin-pants of paper and cellulose (disposable)).
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               ARBORA & AUSONIA, S.L.
            
         
               Mark or sign cited in opposition:
            
            
               National word and figurative marks 'PAM-PAM' in respect of goods in Classes 5, 16 and 25 (any ready-made clothing, in particular disposable napkin-pants, footwear, sanitary napkin-pants, sanitary towels … — Spanish mark Nos 855 391, 1 146 300 and 1 153 492).
            
         
               Decision of the Opposition Division:
            
            
               The opposition is allowed on the basis of the national figurative mark 'PAM-PAM' in respect of goods in Class 16 (pants and napkin-pants of paper and cellulose — Spanish mark No 1 146 300).
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the applicant's appeal
            
         
               Pleas in law:
            
            
               For the average Spanish consumer, there is no likelihood of confusion within the meaning of Article 8(1)(b) of Council Regulation No 40/94 between the conflicting marks because there is no similarity either between the mark applied for and the earlier marks, or between the goods designated by the mark applied for and the earlier marks.