Action brought on 2 October 2009 - Annco v OHIM - Freche et fils (ANN TAYLOR LOFT)

(Case T-385/09)

Language in which the application was lodged: English

Parties

Applicant: Annco, Inc. (New York, United States) (represented by: G. Triet, lawyer)

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

Other party to the proceedings before the Board of Appeal: Freche et fils associés SARL (Paris, France)

Form of order sought

Declare the appeal well founded;

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 in case R 1485/2008-1;

Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2009 in case R 1485/2008-1, in favour of the registration of the Community trade mark concerned for classes 18 and 25, in addition to class 35;

Order the defendant to bear the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The mark "ANN TAYLOR LOFT", for goods and services in classes 18, 25 and 35

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: French trade mark registration of the mark "LOFT" for goods in classes 18 and 25

Decision of the Opposition Division: Allowed the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned; infringement of Article 75 of Council Regulation 207/2009 as the Board of Appeal wrongly relied on evidence and reasons on which the applicant was not given the opportunity to comment.

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