CELEX: 62012TN0029
Language: en
Date: 2012-01-17 00:00:00
Title: Case T-29/12: Action brought on 17 January 2012 — Bauer v OHIM — BenQ Materials (Daxon)

17.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/23
            
         Action brought on 17 January 2012 — Bauer v OHIM — BenQ Materials (Daxon)
   (Case T-29/12)
   2012/C 80/39
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 November 2011 in Case R 2191/2010-2 in its entirety;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: BenQ Materials Corp.
   
      Community trade mark concerned: the word mark ‘Daxon’ for goods in Classes 3, 5 and 10
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the word mark ‘DALTON’ for goods and services in Classes 3, 5, 18, 25, 35, 41 and 44
   
      Decision of the Opposition Division: rejection of the opposition
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is a likelihood of confusion between the marks at issue.