This document is an excerpt from the EUR-Lex website
Document C2007/297/91
Case T-389/07: Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)
Case T-389/07: Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)
Case T-389/07: Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)
OJ C 297, 8.12.2007, p. 45–45
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
8.12.2007 |
EN |
Official Journal of the European Union |
C 297/45 |
Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)
(Case T-389/07)
(2007/C 297/91)
Language in which the application was lodged: English
Parties
Applicant: Earth Products, Inc. (Carlsbad, United States) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Meynard Designs, Inc. (Waltham, United States)
Form of order sought
|
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 9 August 2007 insofar as it has upheld the decision of the Opposition Division; |
|
— |
order the defendant to bear its own costs and to pay those of the applicant. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘EARTH’ for goods in class 25 — application No 2 907 608
Proprietor of the mark or sign cited in the opposition proceedings: Meynard Designs, Inc.
Mark or sign cited: The Community and national figurative mark ‘EARTH’ for goods in classes 3, 14, 18, 25 and 35
Decision of the Opposition Division: Opposition upheld in its entirety
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the conflicting trade marks are not visually or phonetically similar.