Action brought on 17 November 2006 - Ercros v OHIM - Degussa (TAI CROS)

(Case T-315/06)

Language in which the application was lodged: German

Parties

Applicant: Ercros, SA (Barcelona, Spain) (represented by: R. Thierie, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Degussa AG (Düsseldorf, Germany)

Form of order sought

The applicant claims that the Court should:

'purely and simply' alter the contested decision (decision of the First Board of Appeal of OHIM of 20 September 2006 in appeal proceedings R 29/2006-1);

grant the opposition and reject the application for figurative mark No 2 768 851 'TAICROS';

order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Degussa AG.

Community trade mark concerned: The figurative mark 'TAI CROS' for goods in Class 1 (Application No 2 768 851).

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

Mark or sign cited in opposition: Spanish word marks 'CROS', Spanish word mark 'SOCIEDAD ANONIMA CROS', Spanish figurative marks 'CROS' and Spanish word mark 'ERCROS' for goods in Class 1.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, ¹ since there is a likelihood of confusion between the two opposing marks.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).