Action brought on 30 May 2011 - Hotel Reservation Service Robert Ragge v OHIM - Promotora Imperial (iHotel)

(Case T -277/11)

Language in which the application was lodged: German

Parties

Applicant: Hotel Reservation Service Robert Ragge GmbH (Cologne, Germany) (represented by: M. Koch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Promotora Imperial, SA

Form of order sought

Vary the decision of the First Board of Appeal of 24 February 2011 in Case R 832/2010-1 so as to uphold the main appeal and annul opposition No B 1458571; order the opponent to pay the costs of the opposition and appeal proceedings; uphold the decision as to the remainder;

Order OHIM to pay the costs of this action.

Pleas in law and main arguments

Applicant for a Community trade mark: Hotel Reservation Service Robert Ragge GmbH.

Community trade mark concerned: Word mark 'iHotel' for services in Classes 35, 39, 41, 42 and 43 - application No 6912877.

Proprietor of the mark or sign cited in the opposition proceedings: Promotora Imperial, SA

Mark or sign cited in opposition: Community word mark 'i-hotel' for goods and services in Classes 16, 41 and 43.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the trade marks at issue. The applicant claims that the Board of Appeal was incorrect in holding there to be similarity both between the goods and services concerned and between the trade marks at issue.

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