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Document 62009TN0195

    Case T-195/09: Action brought on 19 May 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)

    SL C 180, 1.8.2009, p. 54–54 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    19/05/2009
    Date lodged:
    19/05/2009
    Author:
    Sud prvog stupnja
    Form:
    Pravosudna informacija
    Authentic language:
    engleski
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    Instruments cited in case law:
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    1.8.2009   

    EN

    Official Journal of the European Union

    C 180/54

    Action brought on 19 May 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)

    (Case T-195/09)

    2009/C 180/100

    Language in which the application was lodged: English

    Parties

    Applicants: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson and J. Olsson, lawyers)

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

    Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)

    Form of order sought

    —

    Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2009 in case R 577/2008-2; and

    —

    Order the defendant to pay the costs incurred both in the proceedings before the Court of First Instance and before OHIM.

    Pleas in law and main arguments

    Applicant for the Community trade mark: The applicant

    Community trade mark concerned: The figurative mark “KATOZ”, for goods in classes 29, 30 and 31

    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: German trade mark registration of the figurative mark “KATTUS” for goods in classes 29, 30, 31 and 33

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Upheld the appeal and partially rejected the application for the Community trade mark

    Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the trade marks concerned.

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