CELEX: 62009TN0385
Language: en
Date: 2009-10-02 00:00:00
Title: Case T-385/09: Action brought on 2 October 2009 — Annco v OHIM — Freche et fils (ANN TAYLOR LOFT)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/61
            
         Action brought on 2 October 2009 — Annco v OHIM — Freche et fils (ANN TAYLOR LOFT)
   (Case T-385/09)
   2009/C 282/113
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Annco, Inc. (New York, United States) (represented by: G. Triet, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Freche et fils associés SARL (Paris, France)
   
      Form of order sought
   
   
               —
            
            
               Declare the appeal well founded;
            
         
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 in case R 1485/2008-1;
            
         
               —
            
            
               Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 in case R 1485/2008-1, in favour of the registration of the Community trade mark concerned for classes 18 and 25, in addition to class 35;
            
         
               —
            
            
               Order the defendant to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The mark “ANN TAYLOR LOFT”, for goods and services in classes 18, 25 and 35
   
      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: French trade mark registration of the mark “LOFT” for goods in classes 18 and 25
   
      Decision of the Opposition Division: Allowed the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned; infringement of Article 75 of Council Regulation 207/2009 as the Board of Appeal wrongly relied on evidence and reasons on which the applicant was not given the opportunity to comment.