CELEX: 62010TN0547
Language: en
Date: 2010-11-29 00:00:00
Title: Case T-547/10: Action brought on 29 November 2010 — Omya v OHIM — Alpha Calcit (CALCIMATT)

29.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/51
            
         Action brought on 29 November 2010 — Omya v OHIM — Alpha Calcit (CALCIMATT)
   (Case T-547/10)
   ()
   2011/C 30/91
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Omya AG (Oftringen, Switzerland) (represented by: F. Kuschmirek, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 September 2010 in Case R 1370/2009-1, and order the defendant to register Community trade mark application No 5 200 654‘CALCIMATT’ for all the goods in respect of which application was sought;
            
         
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               order the defendant to pay the costs;
            
         
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               in the alternative, stay the proceedings until a final decision has been taken on whether OHIM is to remove the opposing mark EU 003513488 ‘CALCILAN’ from the register.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Omya AG.
   
      Community trade mark concerned: Word mark ‘CALCIMATT’ for goods in Classes 1 and 2.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Alpha Calcit Füllstoffgesellschaft mbH.
   
      Mark or sign cited in opposition: Internationally registered word marks ‘CALCIPLAST’, ‘CALCILIT’ and ‘CALCICELL’ for goods in Classes 1 and 19, Community word marks ‘Calcilit’ and ‘CALCILAN’ for goods in Classes 1 and 19, and national word works ‘CALCICELL’ and ‘CALCIPLAST’ for goods in Class 1.
   
      Decision of the Opposition Division: Opposition rejected.
   
      Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and refusal to register.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between opposing marks as regards the goods in respect of which application was sought.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).