Action brought on 31 August 2009 - Hearst Communications v OHIM - Vida Estética (COSMOBELLEZA)

(Case T-344/09)

Language in which the application was lodged: English

Parties

Applicants: Hearst Communications, Inc. (New York, United States) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vida Estética, S.L. (Barcelona, Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2009 in case R 770/2007-2; and

Order the defendant to pay the costs

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "COSMOBELLEZA", for goods and services in classes 35 and 41

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: French trade mark registration of the mark "COSMOPOLITAN" registered for goods in class 16; International trade mark registration of the mark "COSMO TEST" registered for goods and services in classes 25, 38 and 41; Portuguese trade mark registration of the mark "COSMO" registered for services in class 41; international trade mark registration of the mark "COSMOPOLITAN TELEVISION" registered for goods and services in classes 38 and 41; international trade mark registration of the mark "COSMOPOLITAN" registered for services in classes 35 and 39; United Kingdom trade mark registration of the mark "COSMOPOLITAN" registered for services in classes 35 and 39; United Kingdom trade mark registration of the figurative mark "THE COSMOPOLITAN SHOW" registered for services in classes 35 and 41; United Kingdom trade mark registration of the mark "COSMO" registered for services in classes 35 and 41; United Kingdom trade mark registration of the mark "COSMOPOLITAN TELEVISION" registered for services in classes 38 and 41; Irish trade mark registration of the mark "COSMOPOLITAN TELEVISION" registered for services in classes 38 and 41; well known trade marks "COSMO" and "COSMOPOLITAN" in all the Member States for goods and services in classes 16, 28 and 41; non-registered trade marks "COSMO" and "COSMOPOLITAN" used in all the Member States for goods and services in classes 16, 28 and 41, as well as the trade names "COSMO" and "COSMOPOLITAN" used in all the Member States for goods and services in the same classes.

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that the trade marks concerned are not similar, that the goods and services in question are not similar and thus that there was no likelihood of confusion between the trade marks concerned.

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