CELEX: 62011TN0101
Language: en
Date: 2011-02-23 00:00:00
Title: Case T-101/11: Action brought on 23 February 2011 — Mizuno v OHIM — Golfino (G)

16.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 120/16
            
         Action brought on 23 February 2011 — Mizuno v OHIM — Golfino (G)
   (Case T-101/11)
   2011/C 120/37
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Mizuno Corp. (Osaka, Japan) (represented by: T. Raab and H. Lauf, 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: Golfino AG (Glinde, Germany)
   
      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 15 December 2010 in Case R 821/2010-1 in its entirety;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark containing the letter ‘G’ together with other symbols, for goods in Class 25
   
      Proprietor of the mark or sign cited in the opposition proceedings: Golfino AG
   
      Mark or sign cited in opposition: the figurative mark containing the letter ‘G’ together with a plus sign, for goods and services in Classes 18, 25 and 35
   
      Decision of the Opposition Division: the opposition was rejected
   
      Decision of the Board of Appeal: the appeal was granted and the application was rejected
   
      Pleas in law: Infringement of Article 8(1)(b) and indirectly of Article 7(1)(b) of Regulation (EC) No 207/2009 (1) as there is no likelihood of confusion between the marks at issue
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).