Action brought on 5 December 2011 - Meyr-Melnhof Karton v OHIM - Stora Enso (SILVAWHITE)

(Case T-617/11)

Language in which the application was lodged: English

Parties

Applicant: Meyr-Melnhof Karton AG (Vienna, Austria) (represented by: P. Baronikians and N. Wittich, lawyers)

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

Other party to the proceedings before the Board of Appeal: Stora Enso Oyj (Helsinki, Finland)

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 21 September 2011 in case R 2139/2010-2;

Reject the opposition against the Community trade mark application No 8197469; and

Order that the defendant pays the applicant's costs incurred before OHIM and the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "SILVAWHITE", for goods in class 16 - Community trade mark application No 8197469

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Finnish trade mark registration No 231953 of the word "SILVAPRESS", for goods in class 16; International trade mark registration No 872793 of the word "SILVAPRESS", for goods in class 16

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.

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