Action brought on 14 February 2011 - Formica v OHIM - Silicalia (CompacTop)
(Case T -82/11)
Language in which the application was lodged: Spanish
Parties
Applicant: Formica, SA (Galdakao, Spain) (represented by: A. Goméz López, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Silicalia, SL (Valencia, Spain)
Form of order sought
The applicant requests the Court to:
declare as not being in accordance with Regulation EC No 207/2009 on the Community trade mark the decision of 9 December 2010 of the First Board of Appeal of OHIM, in Case R 1083/2010-1;
allow registration of the complex Community trade mark No 6 524 243 CompacTop, in Class 20; and
order the defendant and, if appropriate, the intervener, to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Formica
Community trade mark concerned: Figurative mark 'CompacTop' for goods in Class 20.
Proprietor of the mark or sign cited in the opposition proceedings: Silicalia, SL
Mark or sign cited in opposition: Community and national figurative marks containing the word elements 'COMPACquartz', 'COMPACMARMOL&QUARTZ' and 'COMPAC MARMOL&QUARTZ' for goods and services in Classes 19, 27, 35, 37 and 39.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
1 since there is no similarity or likelihood of confusion between the marks at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)