CELEX: 62011TN0523
Language: en
Date: 2011-10-04 00:00:00
Title: Case T-523/11: Action brought on 4 October 2011 — Maxima Grupė v OHIM — Bodegas Maximo (MAXIMA PREMIUM)

3.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/24
            
         Action brought on 4 October 2011 — Maxima Grupė v OHIM — Bodegas Maximo (MAXIMA PREMIUM)
   (Case T-523/11)
   2011/C 355/44
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Maxima Grupė, UAB (Vilnius, Lithuania) (represented by: R. Žabolienė and E. Saukalas, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Bodegas Maximo, SL (Oyón, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2011 in case R 1584/2010-4; and
            
         
               —
            
            
               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 word mark ‘MAXIMA PREMIUM’, for goods in classes 3, 5, 16, 29, 30, 31, 32 AND 33 — Community trade mark application No 6981443
   
      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 6642284, of the word mark ‘MAXIMO’, for goods in class 33
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods
   
      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 found that there was a likelihood of confusion without taking into account all the relevant aspects of the present case, including inherently low distinctive character of ‘MAXIMO/MAXIMA’, similarity of the signs, and the fact that the relevant public is highly attentive and well informed.