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Document 62009TN0385

    Case T-385/09: Action brought on 2 October 2009 — Annco v OHIM — Freche et fils (ANN TAYLOR LOFT)

    IO C 282, 21.11.2009, p. 61–61 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    21.11.2009   

    EN

    Official Journal of the European Union

    C 282/61

    Action brought on 2 October 2009 — Annco v OHIM — Freche et fils (ANN TAYLOR LOFT)

    (Case T-385/09)

    2009/C 282/113

    Language in which the application was lodged: English

    Parties

    Applicant: Annco, Inc. (New York, United States) (represented by: G. Triet, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Freche et fils associés SARL (Paris, France)

    Form of order sought

    —

    Declare the appeal well founded;

    —

    Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 in case R 1485/2008-1;

    —

    Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 in case R 1485/2008-1, in favour of the registration of the Community trade mark concerned for classes 18 and 25, in addition to class 35;

    —

    Order the defendant to bear the costs.

    Pleas in law and main arguments

    Applicant for the Community trade mark: The applicant

    Community trade mark concerned: The mark “ANN TAYLOR LOFT”, for goods and services in classes 18, 25 and 35

    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: French trade mark registration of the mark “LOFT” for goods in classes 18 and 25

    Decision of the Opposition Division: Allowed the opposition

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned; infringement of Article 75 of Council Regulation 207/2009 as the Board of Appeal wrongly relied on evidence and reasons on which the applicant was not given the opportunity to comment.

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