Action brought on 26 October 2011 - tesa v OHIM - Superquimica (tesa TACK)

(Case T-555/11)

Language in which the application was lodged: English

Parties

Applicant: tesa SE (Hamburg, Germany) (represented by: F. Schwab, lawyer)

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

Other party to the proceedings before the Board of Appeal: La Superquimica, SA (L'Hospitalet de Llobregat, Spain)

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 5 July 2011 in case R 866/2010-1, and annul the decision of the Opposition Division in case No B 1301987; and

Order the defendant to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "tesa TACK", for goods in class 16 - Community trade mark application No 6233506

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 in opposition: Spanish trade mark registration No 585323 of the word mark "TACK", for goods in class 16; Spanish trade mark registration No 2515958 of the figurative mark "TACK Ceys", for goods in class 16

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the opposing marks.

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