Action brought on 14 February 2011 - Formica v OHIM - Silicalia (CompacTop)

(Case T -82/11)

Language in which the application was lodged: Spanish

Parties

Applicant: Formica, SA (Galdakao, Spain) (represented by: A. Goméz López, 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: Silicalia, SL (Valencia, Spain)

Form of order sought

The applicant requests the Court to:

declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark the decision of 9 December 2010 of the First Board of Appeal of OHIM, in Case R 1083/2010-1;

allow registration of the complex Community trade mark No 6 524 243 CompacTop, in Class 20; and

order the defendant and, if appropriate, the intervener, to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Formica

Community trade mark concerned: Figurative mark 'CompacTop' for goods in Class 20.

Proprietor of the mark or sign cited in the opposition proceedings: Silicalia, SL

Mark or sign cited in opposition: Community and national figurative marks containing the word elements 'COMPACquartz', 'COMPACMARMOL&QUARTZ' and 'COMPAC MARMOL&QUARTZ' for goods and services in Classes 19, 27, 35, 37 and 39.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009¹ since there is no similarity or likelihood of confusion between the marks at issue.

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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)