Action brought on 11 September 2008 - Mustang v OHIM

(Case T -379/08)

Language in which the application was lodged: German

Parties

Applicant: Mustang-Bekleidungswerke GmbH + Co. KG (Künzelsau, Germany) (represented by: A. Klett and K. Weimer, 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: Decathlon SA (Villeneuve d'Ascq, France)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 July 2008 in Case R 859/2007-4;

order the defendant to pay the costs of these proceedings and the proceedings before the Board of Appeal, including the applicant's costs in both proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Mustang

Community trade mark concerned: Representation of a wavy line for goods and services in Classes 3, 18 and 25 (Application No 4 081 352)

Proprietor of the mark or sign cited in the opposition proceedings: Decathlon SA

Mark or sign cited in opposition: Existing national and international figurative mark constituted by the representation of a white wavy line on a black background, for goods in Classes 3, 18 and 25

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94, because there are no aural, visual and conceptual similarities between the opposing marks that could give rise to a likelihood of confusion

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