CELEX: 62009TN0372
Language: en
Date: 2009-09-21 00:00:00
Title: Case T-372/09: Action brought on 21 September 2009 — Visti Beheer BV v OHIM — Meister (GOLD MEISTER)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/55
            
         Action brought on 21 September 2009 — Visti Beheer BV v OHIM — Meister (GOLD MEISTER)
   (Case T-372/09)
   2009/C 282/104
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Visti Beheer BV (Rotterdam, Nethrerlands) (represented by: A. Herbertz, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Meister + Co. AG (Wollerau, Switzerland)
   
      Form of order sought
   
   
               —
            
            
               Vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 26 June 2009 (Case R 1465/2008-1) so that it annuls the decision of the Office for Harmonisation in opposition procedure B 1 134 651 and grants the Community trade mark application No 5 243 209 for the contested goods;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark ‘GOLD MEISTER’ in respect of goods and services in Classes 3, 14, 16, 35, 37, 40 and 42 (Application No 5 243 209)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Meister + Co. AG
   
      Mark or sign cited in opposition: the German word mark No 39 534 716 and the Community mark No 2 607 737‘MEISTER’ for goods in Class 14, whereas the opposition is directed solely against the registration for goods in that Class
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) as there is no likelihood of confusion between the conflicting trade marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)