Action brought on 22 August 2011 - Natura Selection v OHIM - Menard (natura)

(Case T-461/11)

Language in which the application was lodged: Spanish

Parties

Applicant: Natura Selection SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ernest Menard SA (Bourseul, France)

Form of order sought

The applicant claims that the Court should:

admit the present application;

require OHIM to produce in these proceedings the evidence of reputation to which the applicant referred during the appeal procedure in Case R 2454/2010-2 and which is identified in paragraph 39 of the application;

annul the decision of the Second Board of Appeal of OHIM of 8 June 2011 in Case R 2454/2010-2 and the decision of the Opposition Division of 21 October 2010 in Case B 1072513;

grant full registration to figurative mark No 4.713.368 'natura', refused by opposition B 1072513 for goods in Class 20;

order OHIM to pay all the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Natura Selection

Community trade mark concerned: Figurative mark 'natura' for goods and services in Classes 14, 20, 25 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Ernest Menard SA.

Mark or sign cited in opposition: Word mark 'natura' for goods and services in Classes 19 and 20.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,¹ given that there is no likelihood of confusion between the trade marks at issue.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).