Action brought on 25 November 2011 - Schuhhaus Dielmann v OHIM - Carrera (Carrera panamericana)

(Case T-600/11)

Language in which the application was lodged: German

Parties

Applicant: Schuhhaus Dielmann GmbH & Co. KG (Darmstadt, Germany) (represented by: W. Göpfert)

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

Other party to the proceedings before the Board of Appeal: Carrera SpA (Caldiero, Italy)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 September 2011 in Case R 1989-2010-1;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: word mark 'Carrera panamericana' for goods in Classes 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: Carrera SpA.

Mark or sign cited in opposition: figurative mark containing the word element 'CARRERA' for goods in Class 25.

Decision of the Opposition Division: opposition upheld in part.

Decision of the Board of Appeal: appeal dismissed.

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

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