CELEX: 62010TN0535
Language: en
Date: 2010-11-22 00:00:00
Title: Case T-535/10: Action brought on 22 November 2010 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (GAZI Hellim)

29.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/45
            
         Action brought on 22 November 2010 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (GAZI Hellim)
   (Case T-535/10)
   ()
   2011/C 30/82
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Lefkosia, Cyprus) (represented by: C. Milbradt and H. Van Volxem, 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: Garmo AG (Stuttgart, Germany)
   
      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 20 September 2010 in Case R 1497/2009-4;
            
         
               —
            
            
               Order the defendant to pay the costs, including the costs incurred in the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Garmo AG
   
      Community trade mark concerned: the figurative mark ‘GAZI Hellim’ for goods in Class 29
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the collective word mark ‘HALLOUMI’ for goods in Class 29
   
      Decision of the Opposition Division: rejection of the opposition
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), as the marks and goods at issue are similar and there is a likelihood of confusion between the marks
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).