CELEX: 62011TN0590
Language: en
Date: 2011-11-14 00:00:00
Title: Case T-590/11: Action brought on 14 November 2011 — S & S Szlegiel Szlegiel i Wiśniewski v OHIM — Scotch & Soda (SODA)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/61
            
         
      Action brought on 14 November 2011 — S & S Szlegiel Szlegiel i Wiśniewski v OHIM — Scotch & Soda (SODA)
      (Case T-590/11)
      (2012/C 25/117)
      Language in which the application was lodged: English
      
         Parties
      
      
         Applicant: S & S Piotr Szlegiel Jacek Szlegiel i Robert Wiśniewski sp. j. (Gorzów Wielkopolski, Republic of Poland) (represented by: R. Sikorski, adwokat)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Other party to the proceedings before the Board of Appeal: Scotch & Soda BV (Hoofddorp, Netherlands)
      
         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 25 August 2011 in case R 1570/2010-2;
               
            
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                  Reject in its entirety the opposition No B1438250;
               
            
                  —
               
               
                  Order the defendant to register the trade mark applied for; and
               
            
                  —
               
               
                  Order the defendant to pay 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 ‘SODA’, for goods in class 25 — Community trade mark application No 6970875
      
         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 3593498 of the word mark ‘SCOTCH & SODA’, for goods in class 25
      
         Decision of the Opposition Division: Rejected the Community trade mark application 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 failed: (i) to appreciate that there were sufficient visual, aural and conceptual differences between the marks, particularly with respect to its analysis of the conceptual meanings of the marks; (ii) to properly circumscribe and analyse the dominant element of the contested signs; and (iii) to properly take into consideration the level of attention of the average consumer of the category of goods concerned.