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.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).