CELEX: C2007/235/49
Language: en
Date: 2007-10-06 00:00:00
Title: Case T-316/07: Action brought on 20 August 2007 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)

6.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/26
            
         Action brought on 20 August 2007 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)
   (Case T-316/07)
   (2007/C 235/49)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Commercy AG (Weimar, Germany) (represented by: F. Jaschke, 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: easyGroup IP Licensing Limited
   Form of order sought
   
               —
            
            
               Declaration that Community trade mark No 1 866 706 ‘easyHotel’ is invalid
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘easyHotel’ for goods and services in Classes 16, 25, 32, 33, 35, 36, 39, 41 and 42 (Community trade mark No 1 866 706)
   
      Proprietor of the Community trade mark: easyGroup IP Licensing Limited
   
      Applicant for the declaration of invalidity: Bettina Breitenbücher, Sozietät Kübler
   
      Trade mark right of the applicant for the declaration of invalidity: The German word mark ‘EASYHOTEL’ for goods and services in Classes 9, 38 and 42 (No 30 043 724)
   
      Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissal of the appeal in Case R 1295/2006-2
   
      Pleas in law: Infringement of Article 8(1)(a) of Regulation (EC) No 40/94 (1), as that provision was interpreted too strictly. On the basis of the identity of the signs there is a likelihood of confusion even though the goods and services are more remotely similar.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).