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Document 62009TN0029

Case T-29/09: Action brought on 20 January 2009 — Easycamp v OHIM — Oase Outdoors (EASYCAMP)

OJ C 69, 21.3.2009, p. 50–50 (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:
20/01/2009
Date lodged:
20/01/2009
Author:
Court of First Instance
Form:
Judicial information
Authentic language:
English
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Instruments cited in case law:
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21.3.2009   

EN

Official Journal of the European Union

C 69/50

Action brought on 20 January 2009 — Easycamp v OHIM — Oase Outdoors (EASYCAMP)

(Case T-29/09)

(2009/C 69/109)

Language in which the application was lodged: English

Parties

Applicant: Easycamp BV (Amersfoort, The Netherlands) (represented by: C. Beijer, lawyer)

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

Other party to the proceedings before the Board of Appeal: Oase Outdoors ApS (Give, Denmark)

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 30 October 2008 in joined cases R 853/2007-1 and R 916/2007-1;

—

Allow the applicant to continue to use the Community trade mark — application No 3 188 943 for services in class 43; and

—

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘EASYCAMP’, for services in classes 39, 41 and 43

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: Danish trade mark registration No 199 903 355 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; German trade mark registration No 39 910 614 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; Benelux trade mark registration No 944 316 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; United Kingdom trade mark registration No 2 191 370 of the figurative mark ‘easycamp’ for goods in classes 18, 20, 22, 24, 25 and 28; The unregistered sign ‘easy camp’ used in Denmark and the United Kingdom.

Decision of the Opposition Division: Partially allowed the opposition

Decision of the Board of Appeal: Dismissed the appeals

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly assessed that there was a likelihood of confusion between the trade marks concerned.

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