Action brought on 1 October 2008 - Bulur Giyim Sanayi ve Ticaret Sirketi v OHIM - Denim (VIGOSS)

(Case T-431/08)

Language in which the application was lodged: English

Parties

Applicant: Bulur Giyim Sanayi ve Ticaret Sirketi (Istanbul, Turkey) (represented by: R. Böhm, lawyer)

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

Other party to the proceedings before the Board of Appeal: A V Denim, Inc. (trading as A&V Denim, Inc.) (New York, United States)

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 18 July 2008 in case R 1366/2007-2, insofar as it dismissed the appeal lodged by the applicant against the decision of the Opposition Division of 26 June 2007 ruling on opposition No B 923 005; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "VIGOSS" for goods in classes 14, 18 and 25

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: International trade mark registration No 771 374 of the figurative mark "VIGOSS" for goods in class 25

Decision of the Opposition Division: Partially rejected the application

Decision of the Board of Appeal: Partially annulled the contested decision and dismissed the appeal for the reminder

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal failed to take into account all relevant factors when assessing the likelihood of confusion between the conflicting trade marks.

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