Action brought on 4 August 2009 - Sanyō Denki v OHIM - Telefónica O2 Germany (eneloop)
(Case T -309/09)
Language in which the application was lodged: German
Parties
Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: M. De Zorti, M. Koch and T. Grimm, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany)
Form of order sought
Annul the contested decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2);
Order OHIM to pay the costs of the proceedings;
Order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark 'eneloop' for goods in Class 9 (application No 4 620 225)
Proprietor of the mark or sign cited in the opposition proceedings: Telefónica O2 Germany GmbH & Co. OHG
Mark or sign cited in opposition: Inter alia, the German word mark 'LOOP' for goods and services in Classes 9, 38 and 42 (No 30 416 654.5)
Decision of the Opposition Division: Opposition allowed
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since there is no 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).