CELEX: 62012TN0247
Language: en
Date: 2012-06-06 00:00:00
Title: Case T-247/12: Action brought on 6 June 2012 — Argo Group International v OHIM — Arisa Assurances (ARIS)

11.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 243/25
            
         Action brought on 6 June 2012 — Argo Group International v OHIM — Arisa Assurances (ARIS)
   (Case T-247/12)
   2012/C 243/45
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Argo Group International Holdings Ltd (Hamilton, Bermuda) (represented by: R. Hoy, S. Levine, and N. Edbrooke, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Arisa Assurances SA (Luxembourg, Luxembourg)
   
      Form of order sought
   
   
               —
            
            
               Annul or alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 March 2012 in case R 193/2011-2, so that the applicant’s mark is registered;
            
         
               —
            
            
               Order OHIM to pay the costs of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark in colour ‘ARIS’, for goods and services in class 36 — Community trade mark application No 7390404
   
      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: Community trade mark registration No 307470 of the figurative mark in colours ‘ARISA ASSURANCES S.A.’ for goods and services in class 36
   
      Decision of the Opposition Division: Rejected the Community trade mark application in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: The applicant submits that OHIM and the Board erred as a matter of law in concluding that the marks are legally similar and in concluding ipso facto that there is a likelihood of confusion on the part of the relevant public.