Action brought on 7 November 2011 - El Corte Inglés v OHIM

(Case T -571/11)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, lawyer, and J. L. Rivas Zurdo, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Groupe Chez Gerard Restaurants Ltd (London, United Kingdom)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 July 2011 in Case R 1946/2010-1;

Order the defendant and, where appropriate, the other party to the proceedings to pay the costs, if that other party appears and contests the action.

Pleas in law and main arguments

Applicant for a Community trade mark: Groupe Chez Gerard Restaurants Ltd.

Community trade mark concerned: Word mark 'CLUB GOURMET' for goods in Classes 16, 21, 29, 30, 32 and 33.

Proprietor of the mark or sign cited in the opposition proceedings: Applicant.

Mark or sign cited in opposition: National figurative mark 'CLUB DEL GOURMET, EN... El Corte Inglés', applications for the national word mark 'EL SITIO DEL GOURMET' and for the national and Community trade marks 'CLUB DEL GOURMET' for services in Class 35.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) and Article 8(3) of Regulation No 207/2009 as there is a likelihood of confusion between the trade marks at issue.

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