Action brought on 18 March 2011 - Sport Eybl & Sports Experts v OHIM - Seven (SEVEN SUMMITS)

(Case T-179/11)

Language in which the application was lodged: English

Parties

Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: S. Fürst, lawyer)

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

Other party to the proceedings before the Board of Appeal: Seven SpA (Leinì, Italy)

Form of order sought

Overrule the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 January 2011 in case R 364/2010-4;

Fix the total amount of costs to be paid by the defendant.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "SEVEN SUMMITS", in colours blue and red, for amongst others goods in class 18 - Community trade mark application No 6307243

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: Community trade mark registration No 3489234 of the figurative mark "Seven", for goods in classes 16 and 18; Community trade mark registration No 4783866 of the figurative mark "7Seven", for goods in classes 16 and 18

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly determined the existence of likelihood of confusion.

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