Action brought on 30 December 2011 - Polytetra v OHIM - EI du Pont de Nemours (POLYTETRAFLON)

(Case T-660/11)

Language in which the application was lodged: English

Parties

Applicant: Polytetra GmbH (Mönchengladbach, Germany) (represented by: R. Schiffer, lawyer)

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

Other party to the proceedings before the Board of Appeal: EI du Pont de Nemours and Company (Wilmington, United States)

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 29 September 2011 in case R 2005/2010-1; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "POLYTETRAFLON", for goods and services in classes 1, 11, 17 and 40 - Community trade mark application No 6131015

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 in opposition: Community trade mark registration No 432120 of the word mark "TEFLON", for amongst others, goods and services in classes 1, 11, 17 and 40

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark application

Pleas in law: Infringement of Articles 8(1)(b), 15(1), 42(2) and (3) of Council Regulation No 207/2009, insofar as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the mark applied for and the earlier mark and that genuine use for the earlier mark was proven.

____________