Action brought on 3 December 2010 - H. Eich v OHIM - Arav (H. Eich)

(Case T -557/10)

Language in which the application was lodged: Italian

Parties

Applicant: H. Eich Srl (Signa, Italy) (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli, G. Petrocchi, B. Passaretti, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Arav Holding Srl (Palma Campania, Italy)

Form of order sought

Annul the decision of the First Board of Appeal of OHIM of 9 September 2010;

Declare valid the mark H. EICH referred to in registration application No 6.256.242;

Order OHIM to pay the costs of all proceedings, including before the two OHIM instances.

Pleas in law and main arguments

Applicant for a Community trade mark: H. Eich

Community trade mark concerned: Word mark 'H. Eich' (registration application No 6.256.242), for goods in Classes 18 and 25;

Proprietor of the mark or sign cited in the opposition proceedings: Arav Holding Srl

Mark or sign cited in opposition: Figurative mark containing the word element 'H-Silvian Heach' (Italian mark No 976 125, and mark No 880 562, pursuant to the Protocol to the Madrid Agreement, for Benelux, the Czech Republic, Germany, Greece, Spain, France, Hungary, Austria, Poland, Portugal, Romania, the United Kingdom), for goods in Classes 18 and 25.

Decision of the Opposition Division: Rejected the opposition.

Decision of the Board of Appeal: Annulled the contested decision and rejected the application for registration.

Pleas in law: Incorrect application and interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark (no likelihood of confusion).

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