Action brought on 14 July 2010 - dm drogeriemarkt GmbH & Co. KG v OHIM - S.E.M.T.E.E. (caldea)

(Case T-304/10)

Language in which the application was lodged: English

Parties

Applicant: dm drogeriemarkt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)

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

Other party to the proceedings before the Board of Appeal: S.E.M.T.E.E. (Escaldes Engornay, Andorra)

Form of order sought

Annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1 and, by the way of correction, delete the applicant's trademark;

Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1 and remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

Alternatively, annul the decision of the First Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2010 in case R 899/2009-1.

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 figurative mark in orange, blue and white "caldea", for goods and services in classes 3, 35, 37, 42, 44 and 45 - Community trade mark application No 5691845

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

Mark or sign cited: International trade mark registration No 894004 of the word mark "BALEA", for goods and services in classes 3, 5 and 8

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was not a likelihood of confusion between the concerned trade marks.

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