Action brought on 13 October 2010 - MIP Metro v OHIM - J.C. Ribeiro SGPS (MISS B)

(Case T-485/10)

Language in which the application was lodged: German

Parties

Applicant: MIP METRO Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C Plate and R. Kaase, 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: J.C. Ribeiro SGPS S.A. (Sta Maria de Feira, Portugal)

Form of order sought

Declare the action admissible, together with the annexes thereto, against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2010 in Case R 1526/2009-1;

annul the contested decision in so far as it concerns the opposition to the trade mark application for goods in Classes 14 and 25, since it is incompatible with Article 8(1)(b) of Regulation (EC) No 40/94;

order the defendant to pay the costs of the proceedings, including the costs of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: J.C. Ribeiro SGPS S.A.

Community trade mark concerned: word mark 'MISS B' for goods in Classes 14, 16, 18, 21, 25 and 28.

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

Mark or sign cited in opposition: German and international word mark 'miss H.' for goods in Classes 6, 9, 14, 16, 18, 25 and 26, and the German figurative mark containing the word element 'Miss H.' for goods in Classes 3, 8, 9, 14, 16, 18, 20, 24, 25 and 26.

Decision of the Opposition Division: opposition upheld.

Decision of the Board of Appeal: appeal granted.

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, ¹ since there is a likelihood of confusion between the two opposing marks.

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).