CELEX: 62010TN0174
Language: en
Date: 2010-04-12 00:00:00
Title: Case T-174/10: Action brought on 12 April 2010 — ARA v OHIM — Allrounder (Representation of the letter ‘A’ with two horns)

3.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/41
            
         Action brought on 12 April 2010 — ARA v OHIM — Allrounder (Representation of the letter ‘A’ with two horns)
   (Case T-174/10)
   2010/C 179/73
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: ara AG (Langenfeld, Germany) (represented by: M. Gail, 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: Allrounder SARL (Saarburg, 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 26 January 2010 in case R 481/2009-1; and
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Allrounder SARL.
   
      Community trade mark concerned: Figurative mark, representing the letter ‘A’ with two horns, for goods in Classes 18 and 25.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: In particular, a word mark ‘A’ for goods in Classes 18 and 25.
   
      Decision of the Opposition Division: Opposition rejected.
   
      Decision of the Board of Appeal: Action dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is a likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).