Action brought on 19 March 2009 - Icebreaker v OHIM - Gilmar (ICEBREAKER)

(Case T-112/09)

Language in which the application was lodged: English

Parties

Applicants: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gilmar SpA (San Giovanni in Marignano (Rimini), Italy)

Form of order sought

Reverse the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 January 2009 in case R 1536/2007-4 and approve for registration for goods in class 25 the Community trade mark concerned; and

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "ICEBREAKER", for goods in classes 9, 24 and 25 - application No 3 205 523

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Italian trade mark registration of the word mark "ICEBERG" for goods in class 25; International trade mark registration of the word mark "ICEBERG" for goods in class 25; Spanish trade mark registration of the word mark "ICEBERG" for goods in class 25; Italian trade mark registration of the word mark "ICE" for goods in class 25; International trade mark registration of the word mark "ICE" for goods in class 25

Decision of the Opposition Division: Partially allowed the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there is a likelihood of confusion between the trade marks concerned.

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