Action brought on 7 September 2010 - Amor v OHIM - Jablonex Group (AMORIKE)
(Case T-371/10)
Language in which the application was lodged: German
Parties
Applicant: Amor GmbH (Obertshausen, Germany) (represented by: M. Hartmann, 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: Jablonex Group a.s. (Jablonec nad Nisou, Czech Republic)
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 14 June 2010 in Case R 619/2009-2;
Order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Jablonex Group a.s.
Community trade mark concerned: Word mark 'AMORIKE' for goods and services in Classes 14, 25 and 26.
Proprietor of the mark or sign cited in the opposition proceedings: Amor GmbH.
Mark or sign cited in opposition: Internationally-registered word mark 'AMOR' for goods in Class 14; Community figurative marks containing the word element 'Amor' for goods in Classes 14 and 18; national figurative marks containing the word element 'Amor' for goods in Class 25, and national figurative marks which are orange in colour and which contain the word element 'Amor' for goods in Classes 9, 14, 18, 35 and 42.
Decision of the Opposition Division: The opposition was rejected.
Decision of the Board of Appeal: The appeal was dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 in that there is a 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).