CELEX: 62012TN0038
Language: en
Date: 2012-01-23 00:00:00
Title: Case T-38/12: Action brought on 23 January 2012 — Pips v OHIM — s.Oliver Bernd Freier (ISABELLA OLIVER)

24.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/28
            
         Action brought on 23 January 2012 — Pips v OHIM — s.Oliver Bernd Freier (ISABELLA OLIVER)
   (Case T-38/12)
   2012/C 89/47
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Pips BV (Amsterdam, Netherlands) (represented by: J.A.K. van den Berg, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: s.Oliver Bernd Freier GmbH & Co. KG (Rottendorf, 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 20 October 2011 in case R 2420/2010-1;
            
         
               —
            
            
               Allow the Community trade mark application No 7024961 for the word mark ‘ISABELLA OLIVER’, for all the goods and services subject to the proceedings before the First Board of Appeal; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘ISABELLA OLIVER’, for goods and services in classes 3, 4, 12, 14, 16, 18, 20, 21, 24 and 25 — Community trade mark application No 7024961
   
      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 application No 6819908 of the word mark ‘S.Oliver’, for goods in classes 4, 16, 20, 21 and 24; Community trade mark registration No 4504569 of the figurative mark ‘s.Oliver’, for goods and services in classes 3, 6, 9, 14, 18, 20, 25, 28 and 35; German trade mark registration No 30734710.9 of the word mark ‘S.Oliver’, for goods in classes 10, 12 and 21; Community trade mark registration No 181875 of the word mark ‘S.Oliver’, for goods in classes 3, 6, 9, 14, 18, 20, 25 and 26; International trade mark registration No 959255 of the word mark ‘S.Oliver’, for goods in classes 10, 12 and 21
   
      Decision of the Opposition Division: Partially rejected the CTM application
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 76 of Council Regulation No 207/2009, as the Board of Appeal; (i) made an assessment of the similarity of the marks on the basis of facts/circumstances not provided by the parties, as a consequence of which the conclusion with regard to the similarity of signs is erroneous; and (ii) incorrectly applied the principles formulated by the ECJ in relation to overall assessment of likelihood of confusion.