Action brought on 23 February 2011 — Mizuno v OHIM — Golfino (G)

(Case T-101/11)

2011/C 120/37

Language in which the application was lodged: German

Parties

Applicant: Mizuno Corp. (Osaka, Japan) (represented by: T. Raab and H. Lauf, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Golfino AG (Glinde, Germany)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark containing the letter ‘G’ together with other symbols, for goods in Class 25

Proprietor of the mark or sign cited in the opposition proceedings: Golfino AG

Mark or sign cited in opposition: the figurative mark containing the letter ‘G’ together with a plus sign, for goods and services in Classes 18, 25 and 35

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was granted and the application was rejected

Pleas in law: Infringement of Article 8(1)(b) and indirectly of Article 7(1)(b) of Regulation (EC) No 207/2009 (1) as there is no likelihood of confusion between the marks at issue

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).