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Document 62009TN0473

    Case T-473/09: Action brought on 26 November 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)

    SL C 24, 30.1.2010, p. 64–65 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    30.1.2010   

    EN

    Official Journal of the European Union

    C 24/64

    Action brought on 26 November 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)

    (Case T-473/09)

    2010/C 24/113

    Language in which the application was lodged: English

    Parties

    Applicant: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson, lawyer)

    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 9 September 2009 in case R 1023/2008-2;

    —

    Order the defendant to bear the costs incurred both in these proceedings and in the proceedings before it.

    Pleas in law and main arguments

    Applicant for the Community trade mark: The applicant

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

    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 and 30

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Annulled the decision of the Opposition Division

    Pleas in law:

    Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.

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