Action brought on 15 February 2010 - Inter IKEA Systems v OHIM - Meteor Controls (GLÄNSA)

(Case T-88/10)

Language in which the application was lodged: English

Parties

Applicant: Inter IKEA Systems B.V. (Delft, The Netherlands) (represented by: J. Gulliksson, lawyer)

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

Other party to the proceedings before the Board of Appeal: Meteor Controls International Limited (Cookstown, Ireland)

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 1 December 2009 in case R 529/2009-2; and

Order the defendant to pay the costs incurred both in these proceedings and in the proceedings before it.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "GLÄNSA", for goods in class 11

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: Community trade mark registration of the word mark "GLANZ", for goods in classes 6, 9 and 11

Decision of the Opposition Division: Rejected the trade mark applied for in its entirety

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 failed to make a correct global assessment and comparison of the trade marks concerned, thereby wrongly finding that these were similar and, as a result, that there was a likelihood of confusion between them.

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