CELEX: 62011TN0569
Language: en
Date: 2011-11-04 00:00:00
Title: Case T-569/11: Action brought on 4 November 2011 — Gitana v OHIM — Rosenruist (GITANA)

7.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/22
            
         Action brought on 4 November 2011 — Gitana v OHIM — Rosenruist (GITANA)
   (Case T-569/11)
   2012/C 6/41
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Gitana SA (Pregny-Chambésy, Switzerland) (represented by: F. Benech, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Rosenruist — Gestão e serviços, Lda (Funchal, Madeira)
   
      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 4 August 2011 in case R 1825/2007-1, and authorise the registration of the Community trade mark application ‘GITANA’ No 3063344 for all the goods in classes 18 and 25; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘GITANA’, for goods and services in classes 14, 16, 18, 21, 24, 25, 34 to 36 and 38 — Community trade mark application No 3063344
   
      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 1609312 of the figurative mark ‘KITANA’, for goods in class 25; International trade mark registration No W00555706 of the figurative mark ‘KITANA’, for goods in classes 18 and 25; Italian trade mark registration No 531768 of the figurative mark ‘KITANA’, for goods in classes 18 and 25
   
      Decision of the Opposition Division: Partially rejected the Community trade mark application
   
      Decision of the Board of Appeal: Partially annulled the decision of the Opposition Division and dismissed the appeal for the remaining
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the opposing marks.