This document is an excerpt from the EUR-Lex website
Document 62011TN0569
Case T-569/11: Action brought on 4 November 2011 — Gitana v OHIM — Rosenruist (GITANA)
Case T-569/11: Action brought on 4 November 2011 — Gitana v OHIM — Rosenruist (GITANA)
Case T-569/11: Action brought on 4 November 2011 — Gitana v OHIM — Rosenruist (GITANA)
IO C 6, 7.1.2012, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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7.1.2012 |
EN |
Official Journal of the European Union |
C 6/22 |
Action brought on 4 November 2011 — Gitana v OHIM — Rosenruist (GITANA)
(Case T-569/11)
2012/C 6/41
Language in which the application was lodged: English
Parties
Applicant: Gitana SA (Pregny-Chambésy, Switzerland) (represented by: F. Benech, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Rosenruist — Gestão e serviços, Lda (Funchal, Madeira)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 August 2011 in case R 1825/2007-1, and authorise the registration of the Community trade mark application ‘GITANA’ No 3063344 for all the goods in classes 18 and 25; and |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘GITANA’, for goods and services in classes 14, 16, 18, 21, 24, 25, 34 to 36 and 38 — Community trade mark application No 3063344
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 1609312 of the figurative mark ‘KITANA’, for goods in class 25; International trade mark registration No W00555706 of the figurative mark ‘KITANA’, for goods in classes 18 and 25; Italian trade mark registration No 531768 of the figurative mark ‘KITANA’, for goods in classes 18 and 25
Decision of the Opposition Division: Partially rejected the Community trade mark application
Decision of the Board of Appeal: Partially annulled the decision of the Opposition Division and dismissed the appeal for the remaining
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the opposing marks.