CELEX: 62007TN0486
Language: en
Date: 2007-12-21 00:00:00
Title: Case T-486/07: Action brought on 21 December 2007 — Ford Motor v OHIM — Alkar Automotive (CA)

23.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/58
            
         Action brought on 21 December 2007 — Ford Motor v OHIM — Alkar Automotive (CA)
   (Case T-486/07)
   (2008/C 51/105)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Ford Motor Co. (Dearborn, United States) (represented by: R. Ingerl, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Alkar Automotive SA (Derio, Spain)
   Form of order sought
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2007 (Case R 85/2006-4);
            
         
               —
            
            
               annul the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2005 (Opposition No B 684052);
            
         
               —
            
            
               order OHIM to pay the costs incurred by the applicant.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: Alkar Automotive SA
   
      Community trade mark concerned: The figurative mark ‘CA’ for, inter alia, goods in classes 9, 11 and 12 — application No 3 186 764
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The Community word and figurative marks ‘KA’ for goods and services in classes 9, 12, 14, 16, 18, 20, 21, 27, 32 and 37
   
      Decision of the Opposition Division: Rejection of the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94, as there is a likelihood of confusion between the conflicting trade marks due to the phonetic and visual similarity between ‘KA’ and ‘CA’, the identity of the goods and the enhanced distinctiveness of the earlier marks.