Action brought on 2 April 2012 - Schulze v OHIM - NKL (Klassiklotterie)

(Case T-155/12)

Language in which the application was lodged: German

Parties

Applicant: Hans Gerd Schulze (Hamburg, Germany) (represented by: K. Lodigkeit, lawyer)

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

Other party to the proceedings before the Board of Appeal: NKL Nordwestdeutsche Klassenlotterie (Hamburg)

Form of order sought

The applicant claims that the General Court should:

set aside the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 30 January 2012 (Appeal R 600/2011-4), in so far as that decision refused registration of the mark 'Klassiklotterie';

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: Word mark 'Klassiklotterie' for goods and services in Classes 28, 35 and 41 (Application No 8 554 354).

Proprietor of the mark or sign cited in the opposition proceedings: NKL Nordwestdeutsche Klassenlotterie.

Mark or sign cited in opposition: German word mark 'NKL-Klassiklotterie' for goods and services in Classes 16, 35 and 41 (Mark No 2 904 650).

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009, as there is no likelihood of confusion between the opposing marks.

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