Action brought on 26 January 2010 - Hairdreams v OHIM - Bartmann (MAGIC LIGHT)

(Case T -34/10)

Language in which the application was lodged: German

Parties

Applicant: 'Hairdreams' HaarhandelsgmbH (Graz, Austria) (represented by: G. Kresbach, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rüdiger Bartmann (Gladbeck, Germany)

Form of order sought

Amend the contested decision of the Fourth Board of Appeal of OHIM of 18 November 2009 in Case R 656/2008-4 so that the applicant's appeal of 22 April 2008 is upheld in its entirety and that the defendant is ordered to pay the costs of the opposition proceedings, the appeal and the present action;

in the alternative, annul the contested decision and refer it back to OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: Hairdreams HaarhandelsgmbH

Community trade mark concerned: the word mark 'MAGIC LIGHT' for goods in Classes 3, 8, 10, 21, 22, 26 and 44 (Application No 5 196 597)

Proprietor of the mark or sign cited in the opposition proceedings: Rüdiger Bartmann

Mark or sign cited in opposition: the German word mark 'MAGIC LIFE' No 30 415 611 for goods in Class 3

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 ¹ on the ground that the Board of Appeal erred in law in its assessment of the likelihood of confusion

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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).