CELEX: 62011TN0066
Language: en
Date: 2011-01-28 00:00:00
Title: Case T-66/11: Action brought on 28 January 2011 — Present Service Ullrich v OHIM — Punt-Nou (babilu)

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/26
            
         Action brought on 28 January 2011 — Present Service Ullrich v OHIM — Punt-Nou (babilu)
   (Case T-66/11)
   2011/C 89/50
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Present Service Ullrich Verwaltungs-GmbH (Erlangen, Germany) (represented by: A. Graf von Kalckreuth, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Punt-Nou, SL (Ontynient, 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 19 November 2010 in case R 773/2010-2;
            
         
               —
            
            
               Dismiss the opposition against the applicant’s trade mark ‘babilu’ and declare that the trade mark ‘babilu’ should be registered for all the goods and services applied for;
            
         
               —
            
            
               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 ‘babilu’, for goods and services in classes 16, 18, 35, 36, 38 and 41 — Community trade mark application No 7205305
   
      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 3363645 of the word mark ‘BABIDU’, for amongst others, services in class 35
   
      Decision of the Opposition Division: Accepted the opposition in its entirety
   
      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 assessed that there was likelihood of confusion on the part of the relevant public.