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.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).