CELEX: 62010TN0304
Language: en
Date: 2010-07-14 00:00:00
Title: Case T-304/10: Action brought on 14 July 2010 — dm drogeriemarkt GmbH & Co. KG v OHIM — S.E.M.T.E.E. (caldea)

25.9.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/20
            
         Action brought on 14 July 2010 — dm drogeriemarkt GmbH & Co. KG v OHIM — S.E.M.T.E.E. (caldea)
   (Case T-304/10)
   ()
   2010/C 260/27
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: dm drogeriemarkt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: S.E.M.T.E.E. (Escaldes Engornay, Andorra)
   
      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 29 April 2010 in case R 899/2009-1 and, by the way of correction, delete the applicant’s trademark;
            
         
               —
            
            
               Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1 and remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
            
         
               —
            
            
               Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark in orange, blue and white ‘caldea’, for goods and services in classes 3, 35, 37, 42, 44 and 45 — Community trade mark application No 5691845
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: International trade mark registration No 894004 of the word mark ‘BALEA’, for goods and services in classes 3, 5 and 8
   
      Decision of the Opposition Division: Rejected 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 assessed that there was not a likelihood of confusion between the concerned trade marks.