Action brought on 2 March 2010 - Meica v OHIM - Tofutown.com (TOFUKING)

(Case T-99/10)

Language in which the application was lodged: German

Parties

Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Russlies, 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: Tofutown.com GmbH (Wiesbaum/Vulkaneifel, Germany)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 January 2010 (Case R 63/2009-4);

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Tofutown.com GmbH

Community trade mark concerned: the word mark 'TOFUKING' for goods in Classes 29, 30 and 32 (Application No 5 027 016)

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

Mark or sign cited in opposition: the German word mark 'King' (trade mark No 30 404 434), the Community word mark 'Curry King' (trade mark No 2 885 077) and the German word mark 'Curry King' (trade mark No 39 902 969), all three of which were registered for goods in Classes 29 and 30

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94¹ as there is a likelihood of confusion between the marks at issue

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).