Action brought on 28 December 2011 - Müller v OHIM - Loncar (Sunless)

(Case T-662/11)

Language in which the application was lodged: German

Parties

Applicant: Thomas Müller (Gütersloh, Germany) (represented by: J. Schmidt, lawyer)

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

Other party to the proceedings before the Board of Appeal: Loncar, SL (Sabadell (Barcelona), Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2011 in Case R 2508/2010-2;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Thomas Müller

Community trade mark concerned: Figurative mark containing the word element 'Sunless', for goods in Classes 6, 19, 22 and 24.

Proprietor of the mark or sign cited in the opposition proceedings: Loncar, SL

Mark or sign cited in opposition: Word marks 'SUNLESS' and 'LONCAR-SUNLESS' for goods in Classes 22, 23 and 24 and ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.

Decision of the Opposition Division: Opposition allowed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue.

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