Action brought on 21 June 2010 - K-Mail Order v OHIM - IVKO (MEN'Z)

(Case T -279/10)

Language in which the application was lodged: German

Parties

Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2010 in Case R 746/2009-1;

Uphold the opposition against allowing the contested Community trade mark application; in the alternative, refer the case back to the Board of Appeal for further consideration;

Order the unsuccessful party to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: IVKO Industrieprodukt-Vertriebskontakt GmbH

Community trade mark concerned: the figurative mark MEN'Z for goods in Classes 9, 14 and 18

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

Mark or sign cited in opposition: the company name 'WENZ' used in Germany in the course of trade for goods in Classes 14, 18 and 25

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(4) in conjunction with Article 41(1)(c) of Regulation (EC) No 207/2009 ¹ and infringement of Article 76(1) of that regulation as the applicant's company name is of more than mere local significance

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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).