Action brought on 6 June 2012 - Argo Group International v OHIM - Arisa Assurances (ARIS)

(Case T-247/12)

Language in which the application was lodged: English

Parties

Applicant: Argo Group International Holdings Ltd (Hamilton, Bermuda) (represented by: R. Hoy, S. Levine, and N. Edbrooke, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Arisa Assurances SA (Luxembourg, Luxembourg)

Form of order sought

Annul or alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 March 2012 in case R 193/2011-2, so that the applicant's mark is registered;

Order OHIM to pay the costs of the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in colour "ARIS", for goods and services in class 36 - Community trade mark application No 7390404

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 in opposition: Community trade mark registration No 307470 of the figurative mark in colours "ARISA ASSURANCES S.A." for goods and services in class 36

Decision of the Opposition Division: Rejected the Community trade mark application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant submits that OHIM and the Board erred as a matter of law in concluding that the marks are legally similar and in concluding ipso facto that there is a likelihood of confusion on the part of the relevant public.

____________