CELEX: 62011TN0082
Language: en
Date: 2011-02-14 00:00:00
Title: Case T-82/11: Action brought on 14 February 2011 — Formica v OHIM — Silicalia (CompacTop)

9.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/16
            
         Action brought on 14 February 2011 — Formica v OHIM — Silicalia (CompacTop)
   (Case T-82/11)
   2011/C 113/32
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Formica, SA (Galdakao, Spain) (represented by: A. Goméz López, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Silicalia, SL (Valencia, Spain)
   
      Form of order sought
   
   The applicant requests the Court to:
   
               —
            
            
               declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark the decision of 9 December 2010 of the First Board of Appeal of OHIM, in Case R 1083/2010-1;
            
         
               —
            
            
               allow registration of the complex Community trade mark No 6 524 243 CompacTop, in Class 20; and
            
         
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               order the defendant and, if appropriate, the intervener, to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Formica
   
      Community trade mark concerned: Figurative mark ‘CompacTop’ for goods in Class 20.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Silicalia, SL
   
      Mark or sign cited in opposition: Community and national figurative marks containing the word elements ‘COMPACquartz’, ‘COMPACMARMOL&QUARTZ’ and ‘COMPAC MARMOL&QUARTZ’ for goods and services in Classes 19, 27, 35, 37 and 39.
   
      Decision of the Opposition Division: Opposition upheld.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) since there is no similarity or 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)