Action brought on 11 February 2009 - Cafea v OHIM - Christian (BEST FARM)

(Case T -53/09)

Language in which the application was lodged: German

Parties

Applicant: Cafea GmbH (Hamburg, Germany) (represented by: C. Schumann and M. Hartmann, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dieter Christian (Frankfurt, Germany)

Form of order sought

annul the decision of the First Board of Appeal of 27 November 2008 in Case R 420/2008-1;

order the defendant to pay the costs of the proceedings;

order the applicant for a Community trade mark to pay the costs of the opposition proceedings and the appeal proceedings before the Office for Harmonisation in the Internal Market

Pleas in law and main arguments

Applicant for a Community trade mark: Dieter Christian

Community trade mark concerned: Word mark 'BEST FARM' for goods in Classes 29, 30, 31 and 32 (Registration No 3 089 281)

Proprietor of the mark or sign cited in the opposition proceedings: the applicant acting under its previous corporate name KORD Beiteiligungsgesellschaft mbH & Co. KG

Mark or sign cited in opposition: German word mark 'BESTFORM' for goods and services in Classes 1, 29, 30, 32, 33 and 42 (No 300 563 34)

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94¹, because there exists a likelihood of confusion, or at least a likelihood of association, between the conflicting marks

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¹ - Council Regulation (EC) No 40/941 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)