Action brought on 14 October 2009 - Honda Motor v OHIM - Blok (BLAST)

(Case T-425/09)

Language in which the application was lodged: English

Parties

Applicant: Honda Motor Co., Ltd. (Tokyo, Japan) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Hendrik Blok (Oudenaarde, Belgium)

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) of 16 July 2009 in case R 1097/2008-1;

Order the defendant to bear the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "BLAST", for goods in classes 7 and 12

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration of the word mark "BLAST" for goods and services in classes 7, 35 and 37; Benelux trade mark registration of the word mark "BLAST" for goods and services in classes 7, 35 and 37

Decision of the Opposition Division: Allowed the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.

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