Action brought on 27 August 2010 - Kraft Foods Schweiz v OHIM - Compañía Nacional de Chocolates (CORONA)

(Case T-357/10)

Language in which the application was lodged: English

Parties

Applicant: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland) (represented by: P. Péters and T. de Haan, lawyers)

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

Other party to the proceedings before the Board of Appeal: Compañía Nacional de Chocolates SA (Medellín, Colombia)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 June 2010 in case R 696/2009-4; and

Order the defendant to pay the costs of the proceedings.

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 "CORONA", for goods in class 30

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

Mark or sign cited: Estonian trade mark registration No 20671 of the word mark "KARUNA", for goods in class 30; Latvian trade mark registration No M36592 of the word mark "KARUNA", for goods in class 30; Lithuanian trade mark registration No 28143 of the word mark "KARŪNA", for goods in class 30

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Annulled the decision of the opposition division and rejected the opposition

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal incorrectly excluded likelihood of confusion; infringement of Article 8(5) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that the marks are not similar or identical.

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