CELEX: 62011TN0089
Language: en
Date: 2011-02-16 00:00:00
Title: Case T-89/11: Action brought on 16 February 2011 — Nanu-Nana Joachim Hoepp v OHIM — Vincci Hoteles (NANU)

9.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 113/17
            
         Action brought on 16 February 2011 — Nanu-Nana Joachim Hoepp v OHIM — Vincci Hoteles (NANU)
   (Case T-89/11)
   2011/C 113/35
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Vincci Hoteles S.A. (Alcobendas, Spain)
   
      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 25 November 2010 in case R 641/2010-1;
            
         
               —
            
            
               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 ‘NANU’, for goods and services in classes 3, 4, 6, 16, 18, 20, 21, 24, 26 and 35 — Community trade mark application No 6218879
   
      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 registration No 5238704 of the word mark ‘NAMMU’, for goods and services in classes 3, 32 and 44
   
      Decision of the Opposition Division: Partly upheld the opposition and consequently partly rejected the Community trade mark application for goods and services in classes 3, 4, 16, 21 and 35 and rejected the opposition for goods and services in classes 6, 9, 16, 18, 20, 21, 24, 26 and 35
   
      Decision of the Board of Appeal: Annulled in part the decision of the Opposition Division and rejected the opposition for goods in classes 4, 16 and 21 and dismissed the appeal for the remainder and confirms the rejection of the Community trade mark application for goods and services in classes 3, 21 and 35
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was likelihood of confusion on the part of the relevant public.