Action brought on 6 December 2011 - Caventa v OHIM - Anson's Herrenhaus (B BERG)

(Case T-631/11)

Language in which the application was lodged: German

Parties

Applicant: Caventa AG (Rekingen, Switzerland) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Anson's Herrenhaus KG (Düsseldorf, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2011 in Case R 2014/2010-1;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Caventa AG.

Community trade mark concerned: Figurative mark containing the word element 'B BERG' for goods in Classes 25 and 28.

Proprietor of the mark or sign cited in the opposition proceedings: Anson's Herrenhaus KG.

Mark or sign cited in opposition: Word mark 'Christian Berg' for goods and services in Classes 3, 18, 25 and 35.

Decision of the Opposition Division: The opposition was rejected.

Decision of the Board of Appeal: The appeal was upheld and registration refused.

Pleas in law: There is no similarity between the goods at issue and no likelihood of confusion of the signs at issue.

____________