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Document 62010TN0174

    Case T-174/10: Action brought on 12 April 2010 — ARA v OHIM — Allrounder (Representation of the letter ‘A’ with two horns)

    OJ C 179, 3.7.2010, p. 41–42 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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).

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