This document is an excerpt from the EUR-Lex website
Document 62011TN0505
Case T-505/11: Action brought on 26 September 2011 — Aldi v OHIM — Dialcos (dialdi)
Case T-505/11: Action brought on 26 September 2011 — Aldi v OHIM — Dialcos (dialdi)
Case T-505/11: Action brought on 26 September 2011 — Aldi v OHIM — Dialcos (dialdi)
OJ C 355, 3.12.2011, p. 21–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
3.12.2011 |
EN |
Official Journal of the European Union |
C 355/21 |
Action brought on 26 September 2011 — Aldi v OHIM — Dialcos (dialdi)
(Case T-505/11)
2011/C 355/38
Language in which the application was lodged: German
Parties
Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, L, Kolks and C. Fürsen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Dialcos SpA (Due Carrare, Italy)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 July 2011 in Case R 1097/2010-2; |
— |
Order OHIM to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Dialcos SpA
Community trade mark concerned: Figurative mark containing the word element ‘dialdi’ for goods in Classes 29 and 30.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: Word mark ‘ALDI’ for goods and services in Classes 3, 4, 7, 9, 16, 24, 25, 29, 30, 31, 32, 33, 34 and 36.
Decision of the Opposition Division: Rejection of the opposition.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is a likelihood of confusion between the marks at issue.