Action brought on 23 November 2006 - Panrico S.L. v OHIM - HDN Development ('Krispy Kreme DOUGHNUTS')

(Case T -317/06)

Language in which the application was lodged: Spanish

Parties

Applicant: Panrico S.L. (Unipersonal) (Santa Perpètua de Mogola, Barcelona, Spain) (represented by: D. Pellisé Irquiza, 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: HDN Development Corporation

Form of order sought

annul the decision of the First Board of Appeal of OHIM of 8 August 2006 in the appeal in Case R 0194/2005-1 relating to opposition proceedings No B 303 992 which refused Community trade mark application No 1 298 785;

order the Office and HDN Development Corporation the applicant for Community trade mark No 1 298 785 to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: HDN Development Corporation.

Community trade mark concerned: Figurative mark with the words 'KRISPY KREME DOUGHNUTS' (Application No 1 298 785) for goods in Classes 25 and 30 and for services in Class 42.

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

Mark or sign cited in opposition: Spanish word marks 'DOGHNUTS' (No 1 288 926) and 'DONUT' (No 399 563) for goods in Class 30 and the figurative mark 'donuts' for goods in Class 25 and services in Class 42.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect application of Article 8(1)(b) and 5 of Regulation (EC) No 40/94 on the Community trade mark. The applicant submits, in that regard, that the Community trade mark which is the subject of these proceedings has as its main component the word 'DOUGHNUTS', which may be confused with the family of opposing marks DONUT-DONUTS-DOGHNUTS applied to the same goods and services, giving rise to a serious risk of confusion on the part of the Spanish public.

____________