CELEX: 62012TN0139
Language: en
Date: 2012-03-28 00:00:00
Title: Case T-139/12: Action brought on 28 March 2012 — Wehmeyer v OHIM — Cluett, Peabody (Fairfield)

9.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/25
            
         Action brought on 28 March 2012 — Wehmeyer v OHIM — Cluett, Peabody (Fairfield)
   (Case T-139/12)
   2012/C 165/44
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Wehmeyer GmbH & Co. KG (Aachen, Germany) (represented by: C. Weil, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Cluett, Peabody & Co. Inc. (New York, United States)
   
      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 19 January 2012 in case R 2509/2010-1;
            
         
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               Dismiss the opposition filed by the other party to the proceedings before the Board of Appeal to the application for registration of the Community trade mark ‘Fairfield’; and
            
         
               —
            
            
               Order OHIM and the other party to the proceedings before the Board of Appeal to pay the costs, including those incurred by the applicant before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘Fairfield’, for goods in classes 3, 14, 18 and 25 — Community trade mark application No 6294342
   
      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 3079481 of the figurative mark ‘FAIRFIELD BY ARROW’, for goods in class 25
   
      Decision of the Opposition Division: Partly rejected the contested trade mark
   
      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 wrongly found that there was a likelihood of confusion between the two trademarks.