CELEX: 62011TN0460
Language: en
Date: 2011-08-19 00:00:00
Title: Case T-460/11: Action brought on 19 August 2011 — Scandic Distilleries v OHMI — Bürgerbräu, August Röhm & Söhne (BÜRGER)

12.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/24
            
         Action brought on 19 August 2011 — Scandic Distilleries v OHMI — Bürgerbräu, August Röhm & Söhne (BÜRGER)
   (Case T-460/11)
   2011/C 331/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Scandic Distilleries SA (Bihor, Romania) (represented by: Á. László, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Bürgerbräu, August Röhm & Söhne KG (Bad Reichenhall, Germany)
   
      Form of order sought
   
   
               —
            
            
               Alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2011 in case R 1962/2010-2 and render the registration of the trade mark application as a Community trade mark with regard to all goods and services concerned;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘BÜRGER ORIGINAL PREMIUM PILS TRADITIONAL BREWED QUALITY REGISTERED TRADEMARK SIEBENBURGEN’, for goods and services in classes 32 and 35 — Community trade mark application No 8359663
   
      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 1234061 of the word mark ‘Bürgerbräu’, for goods and services in classes 21, 32 and 42
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly established the existence of likelihood of confusion