CELEX: 62009TN0060
Language: en
Date: 2009-02-16 00:00:00
Title: Case T-60/09: Action brought on 16 February 2009 — Herhof v OHIM — Stabilator (stabilator)

1.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 102/20
            
         Action brought on 16 February 2009 — Herhof v OHIM — Stabilator (stabilator)
   (Case T-60/09)
   2009/C 102/32
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Stabilator sp. z o.o. (Gydnia, Poland)
   
      Form of order sought
   
   
               —
            
            
               Anuul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2008 in Joined Cases R 483/2008-4 and R 705/2008-4;
            
         
               —
            
            
               Order the applicant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Stabilator sp. z o.o.
   
      Community trade mark concerned: the figurative mark ‘stabilator’ for goods and services in Classes 19, 37 and 42, Application No 4 068 961
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the word mark ‘STABILAT’ for goods in Classes 1, 7, 11, 20, 37, 40 and 42
   
      Decision of the Opposition Division: opposition allowed in part and application rejected in part
   
      Decision of the Board of Appeal: annulment in part of the contested decision and rejection of the opposition
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, (1) because there is a likelihood of confusion between the marks at issue or at least a likelihood of association.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).