Action brought on 14 July 2008 - X Technology Swiss v OHIM - Ipko-Amcor (First-On-Skin)

(Case T -273/08)

Language in which the application was lodged: German

Parties

Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz, 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: Ipko-Amcor BV (Zoetermeer, Netherlands)

Form of order sought

Amend the decision delivered on 15 May 2008 by the Fourth Board of Appeal of OHIM in Case R 281/2007-4 in such a way that the opposition is rejected.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark 'First-On-Skin' for goods in Classes 18, 23 and 25 (Application for Registration No 4 019 981).

Proprietor of the mark or sign cited in the opposition proceedings: Ipko-Amcor BV.

Mark or sign cited in opposition: the word mark 'FIRST' for goods in Class 25 (Benelux Registration No 401 666), the objection having been lodged against registration for goods in Class 25.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division.

Pleas in law: There is no likelihood of confusion between the opposing marks.

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