CELEX: 62011TN0529
Language: en
Date: 2011-09-29 00:00:00
Title: Case T-529/11: Action brought on 29 September 2011 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador)

10.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 362/19
            
         Action brought on 29 September 2011 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador)
   (Case T-529/11)
   2011/C 362/28
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Impulso Industrial Alternativo, SA (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2011 in case R 1101/2010-2; and
            
         
               —
            
            
               Order the defendant to bear 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 ‘Impulso creador’, for various goods and services among which services in classes 35, 36, 37 and 42 — Community trade mark application No 6146187
   
      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: Spanish trade mark registration No 2633891 of the figurative mark ‘IMPULSO’, for services in classes 35 and 42; Community trade mark registration No 4438206 of the figurative mark ‘IMPULSO’, for services in classes 35 and 42
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      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 did not correctly consider the different overall impression of the conflicting trademarks.