Action brought on 16 February 2012 - Wahl v OHIM - Tenacta Group (bellissima)

(Case T-77/12)

Language in which the application was lodged: German

Parties

Applicant: Wahl GmbH (Unterkirnach, Germany) (represented by: T. Kieser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Tenacta Group SpA (Azzano S. Paolo, Italy)

Form of order sought

Alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889;

in the alternative, alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889 in relation to registration of the trade mark applied for in respect of goods in Class 7;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Wahl GmbH.

Community trade mark concerned: Figurative mark 'bellissima' for goods in Classes 7 and 8 (application No 8406704).

Proprietor of the mark or sign cited in the opposition proceedings: Tenacta Group SpA.

Mark or sign cited in opposition: Figurative mark 'bellissima IMETEC' for goods in Classes 9 and 11 (Community trade mark No 4534889).

Decision of the Opposition Division: Opposition allowed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, as there is no likelihood of confusion between the marks at issue.

____________