Action brought on 31 October 2011 - Atlas v OHIM - Couleurs de Tollens-Agora (ARTIS)

(Case T-558/11)

Language in which the application was lodged: Polish

Parties

Applicant: Atlas sp. z o.o. (Łódź, Republic of Poland) (represented by: R. Rumpel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Couleurs de Tollens-Agora S.a.s. (Clichy, France)

Form of order sought

The applicant claims that the Court should:

declare the action well founded;

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 July 2011, served on the applicant on 7 September 2011, in Case R 1253/2010-1;

in the alternative, amend the contested decision by granting registration of the mark 'ARTIS';

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Atlas sp. z o.o.

Community trade mark concerned: word mark 'ARTIS' for goods in Classes 2 and 17 - application No 6158761

Proprietor of the mark or sign cited in the opposition proceedings: Couleurs de Tollens-Agora S.a.s.

Mark or sign cited in opposition: French word mark 'ARTIS' registered under No 93 484 880 for goods in Classes 1 and 19

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009  with regard to establishing the similarity of the trade marks and the likelihood of confusion on the part of consumers

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).