Action brought on 26 November 2009 - Matkompaniet v OHIM - DF World of Spices (KATOZ)
(Case T-473/09)
Language in which the application was lodged: English
Parties
Applicant: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)
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 9 September 2009 in case R 1023/2008-2;
Order the defendant to bear the costs incurred both in these proceedings and in the proceedings before it.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark "KATOZ", for goods in classes 29 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: German trade mark registration of the figurative mark "KATTUS", for goods in classes 29 and 30
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Annulled the decision of the Opposition Division
Pleas in law:
Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.
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