Action brought on 16 February 2009 - Herhof v OHIM - Stabilator (stabilator)
(Case T-60/09)
Language in which the application was lodged: German
Parties
Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Stabilator sp. z o.o. (Gydnia, Poland)
Form of order sought
Anuul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2008 in Joined Cases R 483/2008-4 and R 705/2008-4;
Order the applicant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Stabilator sp. z o.o.
Community trade mark concerned: the figurative mark 'stabilator' for goods and services in Classes 19, 37 and 42, Application No 4 068 961
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the word mark 'STABILAT' for goods in Classes 1, 7, 11, 20, 37, 40 and 42
Decision of the Opposition Division: opposition allowed in part and application rejected in part
Decision of the Board of Appeal: annulment in part of the contested decision and rejection of the opposition
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94,
1 because there is a likelihood of confusion between the marks at issue or at least a likelihood of association.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).