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Document 62011TN0461
Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
OJ C 340, 19.11.2011, p. 25–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.11.2011 |
EN |
Official Journal of the European Union |
C 340/25 |
Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
(Case T-461/11)
2011/C 340/52
Language in which the application was lodged: Spanish
Parties
Applicant: Natura Selection SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Ernest Menard SA (Bourseul, France)
Form of order sought
The applicant claims that the Court should:
— |
admit the present application; |
— |
require OHIM to produce in these proceedings the evidence of reputation to which the applicant referred during the appeal procedure in Case R 2454/2010-2 and which is identified in paragraph 39 of the application; |
— |
annul the decision of the Second Board of Appeal of OHIM of 8 June 2011 in Case R 2454/2010-2 and the decision of the Opposition Division of 21 October 2010 in Case B 1072513; |
— |
grant full registration to figurative mark No 4 713 368‘natura’, refused by opposition B 1072513 for goods in Class 20; |
— |
order OHIM to pay all the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: Natura Selection
Community trade mark concerned: Figurative mark ‘natura’ for goods and services in Classes 14, 20, 25 and 35.
Proprietor of the mark or sign cited in the opposition proceedings: Ernest Menard SA.
Mark or sign cited in opposition: Word mark ‘natura’ for goods and services in Classes 19 and 20.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) given that there is no likelihood of confusion between the trade 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).