Action brought on 21 April 2008 - REWE-Zentral v OHIM - Aldi Einkauf (Clina)
(Case T-150/08)
Language in which the application was lodged: German
Parties
Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey, 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: Aldi Einkauf GmbH & Co. OHG (Essen, Germany)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2008 in Case R 1484/2006-4;
Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark 'Clina' for goods in Classes 3 and 21 (Application No 3 921 079)
Proprietor of the mark or sign cited in the opposition proceedings: Aldi Einkauf GmbH & Co. OHG
Mark or sign cited in opposition: the word mark 'CLINAIR' for goods in Classes 3 and 5 (Community trade mark No 1 769 850)
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the trade mark application
Pleas in law: Infringement of Article 8(1) of Regulation (EC) No 40/94
1 as there is no likelihood of confusion between the opposing marks.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).