Action brought on 24 June 2008 - Wrigley v OHIM - Mejerigaarden (POLAR ICE)

(Case T-256/08)

Language in which the application was lodged: English

Parties

Applicant: Wm. Wrigley Jr. Company (Chicago, United States) (represented by: M. Kinkeldey, S. Schäffler and A. Bognár, lawyers)

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

Other party to the proceedings before the Board of Appeal: Mejerigaarden Holding A/S (Thisted, Denmark)

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 15 April 2008 in case R 845/2006-2; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "POLAR ICE" for goods in classes 3, 5 and 30

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 No 1 273 564 of the figurative mark "Polar is" for goods in class 30; Danish trade mark registration No VR 1971 03528 of the word mark "POLAR IS" for goods in class 30; Danish trade mark registration No VR 1994 07979 of the word mark "POLAR MAXI" for goods in class 30

Decision of the Opposition Division: Rejection of the Community trade mark application in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1) of Council Regulation No 40/94 as the conflicting trade marks show relevant visual, phonetic and conceptual dissimilarities to avoid any likelihood of confusion.

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