This document is an excerpt from the EUR-Lex website
Document C2007/235/48
Case T-315/07: Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)
Case T-315/07: Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)
Case T-315/07: Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)
SL C 235, 6.10.2007, p. 26–26
(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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6.10.2007 |
EN |
Official Journal of the European Union |
C 235/26 |
Action brought on 22 August 2007 — Grohe v OHIM — Compañía Roca Radiadores (ALIRA)
(Case T-315/07)
(2007/C 235/48)
Language in which the application was lodged: German
Parties
Applicant: Grohe AG (Hemer, Germany) (represented by: A. Lensing-Kramer, 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: Compañía Roca Radiadores, S.A.
Form of order sought
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Annul the decision of the Fourth Board of Appeal of 19 June 2007 in Case R 850/2006-4; |
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alternatively, annul or amend the contested decision in so far as it finds that there is a similarity of goods between ‘kitchen faucets’ and ‘cast-iron bathtubs’ and, consequently, a likelihood of confusion between the opposing signs; |
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alternatively, annul or amend the contested decision in so far as it finds that there is a phonetic similarity in Spain between the mark applied for and the opposing mark and, consequently, in that respect a likelihood of confusion between the opposing signs; |
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alternatively, annul or amend the contested decision in so far as it finds that there is a lack of recognition in Spain of the name AKIRA in relation to a Japanese comic and, consequently, in that respect a likelihood of confusion between the opposing signs; |
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order the Office for Harmonisation in the Internal Market to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Word mark ‘ALIRA’ for goods in Class 11 (Application No 2 766 640).
Proprietor of the mark or sign cited in the opposition proceedings: Compañía Roca Radiadores, S.A.
Mark or sign cited in opposition: Spanish word mark ‘AKIRA’ for goods in Class 11 (No 2 045 604).
Decision of the Opposition Division: Opposition allowed; registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1), as there is no likelihood of confusion between the opposing marks.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).