18.12.2010 |
EN |
Official Journal of the European Union |
C 346/56 |
Action brought on 19 October 2010 — Seba Diș Tįcaret ve Naklįyat v OHIM — von Eicken (SEBA TRADITION ESTABLISHED 1932 20 FILTER)
(Case T-508/10)
()
2010/C 346/110
Language in which the application was lodged: German
Parties
Applicant: Seba Diș Tįcaret ve Naklįyat A.S. (Istanbul, Turkey) (represented by: H. Wilde, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Johann Wilhelm von Eicken GmbH (Lübeck, Germany)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 August 2010 in Case R 0559/2009-4; |
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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: Coloured figurative mark, which contains the word elements ‘ESTABLISHED 1932 SEBA TRADITION’, for goods in Class 34.
Proprietor of the Community trade mark: The Applicant.
Applicant for the declaration of invalidity: Johann Wilhelm von Eicken GmbH
Trade mark right of applicant for the declaration: German figurative mark, which contains the word elements ‘ESTABLISHED 1770 JOHANN WILHELM VON EICKEN TRADITION’, for goods in Class 34.
Decision of the Cancellation Division: The application was granted.
Decision of the Board of Appeal: The appeal was rejected.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) because there is no likelihood of confusion of the 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).