Action brought on 27 September 2011 - Hartmann v OHIM - Protecsom (DIGNITUDE)

(Case T-504/11)

Language in which the application was lodged: English

Parties

Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by: N. Aicher, lawyer)

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

Other party to the proceedings before the Board of Appeal: Protecsom SAS (Valognes, France)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 July 2011 in case R 1197/2010-4; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "DIGNITUDE", for goods in classes 5, 24 and 25 - Community trade mark application No 7506025

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 7436603, of the word mark "Dignity", for goods in class 5; German trade mark registration No 302008076849.5/05, of the word mark "Dignity", for goods in classes 5 and 10

Decision of the Opposition Division: Partially rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal made an incorrect assessment of the likelihood of confusion, in particular of the similarity of the goods.

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