6.10.2007 |
EN |
Official Journal of the European Union |
C 235/26 |
Action brought on 20 August 2007 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)
(Case T-316/07)
(2007/C 235/49)
Language in which the application was lodged: German
Parties
Applicant: Commercy AG (Weimar, Germany) (represented by: F. Jaschke, 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: easyGroup IP Licensing Limited
Form of order sought
— |
Declaration that Community trade mark No 1 866 706 ‘easyHotel’ is invalid |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘easyHotel’ for goods and services in Classes 16, 25, 32, 33, 35, 36, 39, 41 and 42 (Community trade mark No 1 866 706)
Proprietor of the Community trade mark: easyGroup IP Licensing Limited
Applicant for the declaration of invalidity: Bettina Breitenbücher, Sozietät Kübler
Trade mark right of the applicant for the declaration of invalidity: The German word mark ‘EASYHOTEL’ for goods and services in Classes 9, 38 and 42 (No 30 043 724)
Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity
Decision of the Board of Appeal: Dismissal of the appeal in Case R 1295/2006-2
Pleas in law: Infringement of Article 8(1)(a) of Regulation (EC) No 40/94 (1), as that provision was interpreted too strictly. On the basis of the identity of the signs there is a likelihood of confusion even though the goods and services are more remotely similar.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).