Action brought on 21 September 2009 - Visti Beheer BV v OHIM -Meister (GOLD MEISTER)

(Case T -372/09)

Language in which the application was lodged: German

Parties

Applicant: Visti Beheer BV (Rotterdam, Nethrerlands) (represented by: A. Herbertz, 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: Meister + Co. AG (Wollerau, Switzerland)

Form of order sought

Vary the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 26 June 2009 (Case R 1465/2008-1) so that it annuls the decision of the Office for Harmonisation in opposition procedure B 1 134 651 and grants the Community trade mark application No 5 243 209 for the contested goods;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark 'GOLD MEISTER' in respect of goods and services in Classes 3, 14, 16, 35, 37, 40 and 42 (Application No 5 243 209)

Proprietor of the mark or sign cited in the opposition proceedings: Meister + Co. AG

Mark or sign cited in opposition: the German word mark No 395 34 716 and the Community mark No 2 607 737 'MEISTER' for goods in Class 14, whereas the opposition is directed solely against the registration for goods in that Class

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009¹ as there is no likelihood of confusion between the conflicting trade marks.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)