Action brought on 21 December 2007 - Olive Line International v OHIM - Knopf (o-live)

(Case T-485/07)

Language in which the application was lodged: English

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: P. Koch Moreno, lawyer)

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

Other party to the proceedings before the Board of Appeal: Reinhard Knopf (Malsch, Germany)

Form of order sought

Declare that the decision dated 26 September 2007 of the Second Board of Appeal of the OHIM dismissing the appeal against the granting of Community trade mark No 3 219 193 does not comply with EC Regulation 40/94 on Community trade marks;

order that the costs of the proceedings be paid by the defendant and, if appropriate, by the contributing party.

Pleas in law and main arguments

Applicant for the Community trade mark: Reinhard Knopf

Community trade mark concerned: The figurative mark 'o-live' for goods in classes 29, 30, 31 and 33 - application No 3 219 193

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The national trade name 'Olive lines' for the activities of a business dedicated to being a trade intermediary

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) and (4) of Council Regulation No 40/94, as there is a risk of confusion between the earlier non-registered trade mark, which has more than just a local significance, and the trade mark applied for.

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