CELEX: C2007/297/91
Language: en
Date: 2007-12-08 00:00:00
Title: Case T-389/07: Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/45
            
         Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)
   (Case T-389/07)
   (2007/C 297/91)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Earth Products, Inc. (Carlsbad, United States) (represented by: M. Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Meynard Designs, Inc. (Waltham, United States)
   Form of order sought
   
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               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 9 August 2007 insofar as it has upheld the decision of the Opposition Division;
            
         
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               order the defendant to bear its own costs and to pay those of the applicant.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘EARTH’ for goods in class 25 — application No 2 907 608
   
      Proprietor of the mark or sign cited in the opposition proceedings: Meynard Designs, Inc.
   
      Mark or sign cited: The Community and national figurative mark ‘EARTH’ for goods in classes 3, 14, 18, 25 and 35
   
      Decision of the Opposition Division: Opposition upheld in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the conflicting trade marks are not visually or phonetically similar.