CELEX: 62010TN0586
Language: en
Date: 2010-12-22 00:00:00
Title: Case T-586/10: Action brought on 22 December 2010 — Aktieselskabet af 21. november 2001 v OHMI — Parfums Givenchy (only givenchy)

12.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/19
            
         Action brought on 22 December 2010 — Aktieselskabet af 21. november 2001 v OHMI — Parfums Givenchy (only givenchy)
   (Case T-586/10)
   2011/C 80/36
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Aktieselskabet af 21. november 2001 (Brande, Denmark) (represented by: C. Christiansen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Parfums Givenchy SA (Levallois Perret, France)
   
      Form of order sought
   
   
               —
            
            
               Set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2010 in case R 1556/2009-2; and
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark in colour ‘only givenchy’, for goods in class 3 — Community trade mark application No 3980241
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Danish trade mark registration No VR 2001 03359 of the word mark ‘ONLY’, inter alia for goods in classes 3 and 9; Danish trade mark registration No VR 2000 02183 of the word mark ‘ONLY’, for goods in class 25; Community trade mark registration No 638833 of the word mark ‘ONLY’, for goods in classes 14, 18 and 25
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009, as the Board of Appeal erred in finding that there is no likelihood of confusion and that the relevant public would not establish a link or a connection between the earlier marks and the contested mark.