19.6.2010 |
EN |
Official Journal of the European Union |
C 161/49 |
Action brought on 8 April 2010 — Colas v OHIM — García-Teresa Gárate (BASE-SEAL)
(Case T-172/10)
(2010/C 161/78)
Language in which the application was lodged: French
Parties
Applicant: Colas (Boulogne-Billancourt, France) (represented by: E. Logeais, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Rosario García-Teresa Gárate
Form of order sought
The applicant claims that the Court should:
— |
primarily, annul the decision of the Board of Appeal:
|
— |
in the alternative, partly annul the decision of the Board of Appeal in respect of the sole goods other than ‘chemicals used in science, photography, agriculture, horticulture and forestry … manures, chemical substances for preserving foodstuffs…’; |
— |
in any event, order the Office to pay all the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Rosario García-Teresa Gárate
Community trade mark concerned: a figurative mark ‘BASE-SEAL’ for goods in Classes 1, 17 and 19 (Application No 3 951 464)
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: several national figurative marks (Spanish, Hungarian, French, Polish, Swedish, German and Czech) and an international figurative mark in the form of a diamond, partly in yellow and containing the word ‘Colas’ for goods in Classes 1, 19 and 37
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 Council Regulation (EC) No 207/2009 on the Community trade mark on account of the fact that there is a likelihood of confusion between the conflicting marks