CELEX: 62011TN0514
Language: en
Date: 2011-09-28 00:00:00
Title: Case T-514/11: Action brought on 28 September 2011 — i-content v OHIM — Decathlon (BETWIN)

3.12.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 355/21
            
         Action brought on 28 September 2011 — i-content v OHIM — Decathlon (BETWIN)
   (Case T-514/11)
   2011/C 355/39
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: i-content Ltd Zweigniederlassung Deutschland (Berlin, Germany) (represented by: A. Nordemann, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Decathlon SA (Villeneuve d'Ascq, France)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 June 2011 in case R 1816/2010-1, and reject the opposition No B 001494205;
            
         
               —
            
            
               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 ‘BETWIN’, among others for goods in classes 25, 26 and 28 — Community trade mark application No 7281652
   
      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 6780951, of the figurative mark ‘bTwin’, among others for goods in classes 25 and 28; French trade mark registration No 23191414, of the figurative mark ‘bTwin’, inter alia for goods in class 25; French trade mark registration No 99822017, of the figurative mark ‘bTwin’, inter alia for goods in class 28
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      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 the marks in dispute are confusingly similar.