Action brought on 23 February 2011 - Mizuno v OHIM - Golfino (G)

(Case T -101/11)

Language in which the application was lodged: German

Parties

Applicant: Mizuno Corp. (Osaka, Japan) (represented by: T. Raab and H. Lauf, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Golfino AG (Glinde, 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) of 15 December 2010 in Case R 821/2010-1 in its entirety;

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark containing the letter 'G' together with other symbols, for goods in Class 25

Proprietor of the mark or sign cited in the opposition proceedings: Golfino AG

Mark or sign cited in opposition: the figurative mark containing the letter 'G' together with a plus sign, for goods and services in Classes 18, 25 and 35

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was granted and the application was rejected

Pleas in law: Infringement of Article 8(1)(b) and indirectly of Article 7(1)(b) of Regulation (EC) No 207/2009¹ as there is no 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).