This document is an excerpt from the EUR-Lex website
Document 62011TN0173
Case T-173/11: Action brought on 22 March 2011 — Hesse v OHIM — Porsche (Carrera)
Case T-173/11: Action brought on 22 March 2011 — Hesse v OHIM — Porsche (Carrera)
Case T-173/11: Action brought on 22 March 2011 — Hesse v OHIM — Porsche (Carrera)
OJ C 145, 14.5.2011, p. 35–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.5.2011 |
EN |
Official Journal of the European Union |
C 145/35 |
Action brought on 22 March 2011 — Hesse v OHIM — Porsche (Carrera)
(Case T-173/11)
2011/C 145/59
Language in which the application was lodged: German
Parties
Applicant: Kurt Hesse (Nuremberg, Germany) (represented by: M. Krogmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Dr. Ing. h.c. F. Porsche AG (Stuttgart, Germany)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 January 2011 in Case R 306/2010-4 and reject the opposition against Community trade mark application No 5 723 432 of 16 February 2007; |
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In the alternative,
|
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Order OHIM to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘Carrera’ for goods in Class 9
Proprietor of the mark or sign cited in the opposition proceedings: Dr. Ing. h.c. F. Porsche AG
Mark or sign cited in opposition: the national and Community word mark ‘CARRERA’ for goods in Class 12
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 Article 8(5) of Regulation (EC) No 207/2009 (1) as there is no likelihood of confusion between the marks at issue and no unfair advantage is taken of the distinctive character of the marks cited in opposition
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).