Action brought on 9 November 2010 - Confortel Gestión v OHIM - Homargrup (CONFORTEL AQUA 4)
(Case T-521/10)
Language in which the application was lodged: Spanish
Parties
Applicant: Confortel Gestión, SA (Madrid, Spain) (represented by: I. Valdelomar Serrano)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Homargrup, SA (Santa Susana, Spain)
Form of order sought
Annul the decision of the Second Board of Appeal of 5 August 2010 in Case R 1359/2009-2, and consequently register Community trade mark No 5.276.951 'CONFORTEL Aqua 4' for all of the classes sought, and
order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Confortel Gestión, SA.
Community trade mark concerned: Word mark 'CONFORTEL Aqua 4' for services in Classes 41, 43 and 44.
Proprietor of the mark or sign cited in the opposition proceedings: Homargrup, SA.
Mark or sign cited in opposition: Community word mark 'AQUA' and Community figurative mark 'A AQUA HOTEL' and Spanish word marks 'AQUAMARINA' and 'AQUATEL', and Spanish figurative mark 'AQUAMAR', for services in Class 42.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Appeal dismissed.
Plea in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 since there is no likelihood of confusion between the marks at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).