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Document 62014TN0267

    Case T-267/14: Action brought on 23 April 2014  — Zehnder Group International v OHIM — Stiebel Eltron (comfotherm)

    OJ C 194, 24.6.2014, p. 33–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    24.6.2014   

    EN

    Official Journal of the European Union

    C 194/33

    Action brought on 23 April 2014 — Zehnder Group International v OHIM — Stiebel Eltron (comfotherm)

    (Case T-267/14)

    2014/C 194/43

    Language in which the application was lodged: German

    Parties

    Applicant: Zehnder Group International AG (Gränichen, Switzerland) (represented by: J. Krenzel, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Stiebel Eltron GmbH & Co. KG (Holzminden, Germany)

    Form of order sought

    The applicant claims that the Court should:

    —

    Annul the decision of the Fourth Board of Appeal of 21 February 2014 in Case R 1318/2013-4;

    —

    Order the defendant to pay the costs.

    Pleas in law and main arguments

    Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘comfotherm’ for goods in Classes 9 and 11 — Community trade mark No 8 8 59  472

    Proprietor of the Community trade mark: the applicant

    Applicant for the declaration of invalidity of the Community trade mark: Stiebel Eltron GmbH & Co. KG

    Grounds for the application for a declaration of invalidity: the word mark ‘KOMFOTHERM’ for goods in Class 11

    Decision of the Cancellation Division: the application for a declaration of invalidity was granted

    Decision of the Board of Appeal: the appeal was dismissed

    Pleas in law: the contested decision does not stand up to scrutiny as regards the finding in respect of the similarity of the goods

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