CELEX: 62011TN0061
Language: en
Date: 2011-01-28 00:00:00
Title: Case T-61/11: Action brought on 28 January 2011 — Vermop Salmon v OHIM — Leifheit (Clean Twist)

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/25
            
         Action brought on 28 January 2011 — Vermop Salmon v OHIM — Leifheit (Clean Twist)
   (Case T-61/11)
   2011/C 89/48
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Vermop Salmon GmbH (Gilching, Germany) (represented by: W. von der Osten-Sacken, O. Sude and M. Ring, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Leifheit AG (Nassau, Germany)
   
      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 19 November 2010 in Case R 671/2010-1;
            
         
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               Declare Community trade mark No 4892642 ‘Clean Twist’ invalid;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay those of the applicant;
            
         
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               In the event that Leifheit AG intervenes in the proceedings, order the intervener to bear its own costs.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘Clean Twist’ for goods in Class 21
   
      Proprietor of the Community trade mark: Leifheit AG
   
      Applicant for the declaration of invalidity of the Community trade mark: the applicant
   
      Grounds for the application for a declaration of invalidity: the earlier word marks ‘TWIX’ and ‘TWIXTER’ for goods in Classes 9, 12, 21, 22 and 25. Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation (EC) No 207/2009. (1)
   
   
      Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) of Regulation (EC) No 207/2009 as there is a likelihood of confusion between the marks at issue.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).