Action brought on 4 April 2011 - COMPLEX v OHIM - Kajometal (KX)

(Case T -206/11)

Language in which the application was lodged: Polish

Parties

Applicant: COMPLEX S.A. (Łódź, Poland) (represented by: R. Rumpel, legal adviser)

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

Other party to the proceedings before the Board of Appeal: Kajometal s.r.o. (Dolny Kublin, Slovakia)

Form of order sought

declare the action to be well founded;

annul the decision delivered by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on 21 January 2011 in Case R 864/2010-2;

replace the contested decision by a decision refusing registration of the mark KX, No 61225405;

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Kajometal s.r.o.

Community trade mark concerned: word mark KX for goods in Class 7

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

Mark or sign cited in opposition: Community word mark CX, No 3 588 241, registered for goods in Class 7, Community figurative mark CX PRECISION BEARINGS, No 3 979 32, registered for goods in Class 7

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: appeal dismissed

Pleas in law: misapplication of Article 8(1)(b) of Regulation No 207/2009, ¹ in that there is a likelihood of confusion as between the conflicting marks.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).