Action brought on 7 March 2012 - Buzil-Werk Wagner v OHIM - Roca Sanitario (Roca)

(Case T-115/12)

Language in which the application was lodged: German

Parties

Applicant: Buzil-Werk Wagner GmbH & Co. KG (Memmingen, Germany) (represented by: D. Waldhauser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Roca Sanitario, SA (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 9 January 2012 (Case No R 1907/2010-4) and reject the opposition brought by Roca Sanitario, SA, Av. Diagonal, 513, E-08029 Barcelona (Spain).

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark 'Roca' for goods in Class 3 (application No 6 800 726)

Proprietor of the mark or sign cited in the opposition proceedings: Roca Sanitario, SA

Mark or sign cited in opposition: the Spanish trade marks 'Roca' (trade mark Nos 1 020 043, 2 543 451, 424 875 and 915 635) for certain goods in Classes 19 and 21 and the international trade mark 'Roca' (trade mark No 905 212) for certain goods in Classes 11, 19, 20 and 21

Decision of the Opposition Division: partial rejection of the opposition

Decision of the Board of Appeal: annulment of the Opposition Division's decision and rejection of the Community trade mark application in respect of all the goods applied for

Pleas in law: There is no likelihood of confusion between the marks at issue.

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