Action brought on 12 April 2010 - ARA v OHIM - Allrounder (Representation of the letter 'A' with two horns)
(Case T -174/10)
Language in which the application was lodged: German
Parties
Applicant: ara AG (Langenfeld, Germany) (represented by: M. Gail, 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: Allrounder SARL (Saarburg, France)
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 26 January 2010 in case R 481/2009-1; and
Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Allrounder SARL.
Community trade mark concerned: Figurative mark, representing the letter 'A' with two horns, for goods in Classes 18 and 25.
Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
Mark or sign cited in opposition: In particular, a word mark 'A' for goods in Classes 18 and 25.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Action dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 since there is a likelihood of confusion between the opposing marks.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).