CELEX: 62011TN0448
Language: en
Date: 2011-08-05 00:00:00
Title: Case T-448/11: Action brought on 5 August 2011 — Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS)

8.10.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 298/25
            
         Action brought on 5 August 2011 — Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS)
   (Case T-448/11)
   2011/C 298/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough, QC, and S. Smith, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Intra-Presse (Boulogne-Billancourt, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 June 2011 in case R 1432/2010-1, in so far as it held that the appeal before the Board of Appeal was successful in respect of certain goods and services in classes 9, 28 and 41; and
            
         
               —
            
            
               Order the defendant to pay the applicant’s costs occasioned by this appeal, or alternatively, order the other party to the proceedings before the Board of Appeal to pay the applicant’s costs occasioned by this appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned:: The word mark ‘GOLDEN BALLS’ for goods and services in classes 9, 28 and 41 — Community trade mark application No 6036503
   
      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 4226148 of the word mark ‘BALLON D’OR’, for amongst others goods and services in classes 9, 14, 16, 18, 25, 28, 38 and 41
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Annulled the decision of the Opposition Division and partially accepted the opposition and the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that there is a perceived conflict between the Community trade mark application and the earlier mark.