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Document 62011TN0537

    Case T-537/11: Action brought on 10 October 2011 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers)

    OJ C 362, 10.12.2011, p. 20–20 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    10/10/2011
    Date lodged:
    10/10/2011
    Author:
    General Court
    Form:
    Judicial information
    Authentic language:
    English
    Link
    Select all documents mentioning this document
    Instruments cited in case law:
    Link

    10.12.2011   

    EN

    Official Journal of the European Union

    C 362/20

    Action brought on 10 October 2011 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers)

    (Case T-537/11)

    2011/C 362/30

    Language in which the application was lodged: English

    Parties

    Applicant: Hultafors Group AB (Bollebygd, Sweden) (represented by: A. Rasmussen and T. Swanstrøm, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Società Italiana Calzature SpA (Milano, Italy)

    Form of order sought

    —

    Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 August 2011 in case R 2519/2010-4; and

    —

    Order the defendant to bear its own as well as the third party’s costs, including those incurred during the appeal and opposition proceedings.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The applicant

    Community trade mark concerned: The figurative mark in black and white ‘Snickers’, for goods in classes 8, 9 and 25 — Community trade mark application No 3740719

    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: Italian trade mark registration No 348149 of the word mark ‘KICKERS’, for goods in classes 3, 14, 16, 18, 24, 25, 28, 32 and 33

    Decision of the Opposition Division: Upheld the opposition for all the contested goods

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that a risk of confusion exists between the trade mark application and the opposing trademark.

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