Action brought on 27 September 2011 — Hartmann v OHIM — Protecsom (DIGNITUDE)

(Case T-504/11)

2011/C 340/60

Language in which the application was lodged: English

Parties

Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by: N. Aicher, lawyer)

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

Other party to the proceedings before the Board of Appeal: Protecsom SAS (Valognes, France)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘DIGNITUDE’, for goods in classes 5, 24 and 25 — Community trade mark application No 7506025

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 7436603, of the word mark ‘Dignity’, for goods in class 5; German trade mark registration No 302008076849.5/05, of the word mark ‘Dignity’, for goods in classes 5 and 10

Decision of the Opposition Division: Partially rejected 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 made an incorrect assessment of the likelihood of confusion, in particular of the similarity of the goods.