Action brought on 29 October 2009 - TTNB v OHIM -March (Tila March)

(Case T-443/09)

Language in which the application was lodged: French

Parties

Applicant: TTNB SARL (represented by: J.-M.Moiroux, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Juan Carmen March (Madrid, Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of OHIM of 20 August 2009 in Case R 1538/2008-2 and authorise the registration of the mark applied for;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Tamara Taichman, the applicant's predecessor

Community trade mark concerned: the word mark 'Tila March' for goods in Classes 3, 18 and 25 - application No 5 402 722

Proprietor of the mark or sign cited in the opposition proceedings: Carmen March Juan

Mark or sign cited in opposition: the Spanish word mark 'CARMEN MARCH' for goods and services in Classes 3, 18, 24, 25, 35 and 38. The opposition was brought against registration of the goods in Classes 3, 18 and 25

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: annulment of the decision of the opposition division

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) since there is no likelihood of confusion between the conflicting marks.

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