21.5.2011 |
EN |
Official Journal of the European Union |
C 152/27 |
Action brought on 18 March 2011 — Sport Eybl & Sports Experts v OHIM — Seven (SEVEN SUMMITS)
(Case T-179/11)
2011/C 152/48
Language in which the application was lodged: English
Parties
Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: S. Fürst, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Seven SpA (Leinì, Italy)
Form of order sought
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Overrule the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 January 2011 in case R 364/2010-4; |
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Fix the total amount of costs to be paid by the defendant. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘SEVEN SUMMITS’, in colours blue and red, for amongst others goods in class 18 — Community trade mark application No 6307243
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community trade mark registration No 3489234 of the figurative mark ‘Seven’, for goods in classes 16 and 18; Community trade mark registration No 4783866 of the figurative mark ‘7Seven’, for goods in classes 16 and 18
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly determined the existence of likelihood of confusion.