CELEX: 62009TN0029
Language: en
Date: 2009-01-20 00:00:00
Title: Case T-29/09: Action brought on 20 January 2009 — Easycamp v OHIM — Oase Outdoors (EASYCAMP)

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/50
            
         Action brought on 20 January 2009 — Easycamp v OHIM — Oase Outdoors (EASYCAMP)
   (Case T-29/09)
   (2009/C 69/109)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Easycamp BV (Amersfoort, The Netherlands) (represented by: C. Beijer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Oase Outdoors ApS (Give, Denmark)
   Form of order sought
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 October 2008 in joined cases R 853/2007-1 and R 916/2007-1;
            
         
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               Allow the applicant to continue to use the Community trade mark — application No 3 188 943 for services in class 43; and
            
         
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               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘EASYCAMP’, for services in classes 39, 41 and 43
   
      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: Danish trade mark registration No 199 903 355 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; German trade mark registration No 39 910 614 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; Benelux trade mark registration No 944 316 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; United Kingdom trade mark registration No 2 191 370 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; The unregistered sign ‘easy camp’ used in Denmark and the United Kingdom.
   
      Decision of the Opposition Division: Partially allowed the opposition
   
      Decision of the Board of Appeal: Dismissed the appeals
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly assessed that there was a likelihood of confusion between the trade marks concerned.