Action brought on 26 October 2011 - Kokomarina v OHIM - Euro Shoe Unie (interdit de me gronder I D M G)
(Case T -568/11)
Language in which the application was lodged: French
Parties
Applicant: Kokomarina (Concarneau, France) (represented by: C. Charrière-Bournazel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Euro Shoe Unie NV (Beringen, Belgium)
Form of order sought
The applicant claims that the General Court should:
declare Kokomarina's action to be admissible;
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 July 2011 in Case R 1814/2010-1;
dismiss the opposition brought by EURO SHOE UNIE NV against the application for registration as a Community trade mark of Kokomarina's mark 'I D M G - interdit de me gronder'.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Figurative mark containing the verbal element 'interdit de me gronder I D M G' for goods in class 25.
Proprietor of the mark or sign cited in the opposition proceedings: Euro Shoe Unie NV.
Mark or sign cited in opposition: Benelux word mark 'DMG' for goods in Classes 18, 25 and 35.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Lack of use of the opposed mark and no likelihood of confusion.
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