CELEX: 62010TN0279
Language: en
Date: 2010-07-21 00:00:00
Title: Case T-279/10: Action brought on 21 June 2010 — K-Mail Order v OHIM — IVKO (MEN’Z)

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/45
            
         Action brought on 21 June 2010 — K-Mail Order v OHIM — IVKO (MEN’Z)
   (Case T-279/10)
   ()
   2010/C 234/81
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher, 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: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, 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 30 March 2010 in Case R 746/2009-1;
            
         
               —
            
            
               Uphold the opposition against allowing the contested Community trade mark application; in the alternative, refer the case back to the Board of Appeal for further consideration;
            
         
               —
            
            
               Order the unsuccessful party to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: IVKO Industrieprodukt-Vertriebskontakt GmbH
   
      Community trade mark concerned: the figurative mark MEN’Z for goods in Classes 9, 14 and 18
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the company name ‘WENZ’ used in Germany in the course of trade for goods in Classes 14, 18 and 25
   
      Decision of the Opposition Division: Rejection of the opposition
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(4) in conjunction with Article 41(1)(c) of Regulation (EC) No 207/2009 (1) and infringement of Article 76(1) of that regulation as the applicant’s company name is of more than mere local significance
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).