Action brought on 27 August 2008 - Peek & Cloppenburg and van Graaf v OHIM - Thailand (Thai Silk)

(Case T -361/08)

Language in which the application was lodged: German

Parties

Applicants: Peek & Cloppenburg (Hamburg, Germany) and van Graaf GmbH & Co. KG (Vienna, Austria) (represented by: V. von Bombard, A. Renck, T. Dolde and J. Pause, 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: Thailand

Form of order sought

annulment of the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) No R 1677/2007-4 of 10 June 2008

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Thailand

Community trade mark concerned: The figurative trade mark 'Thai Silk' with the colours 'dark blue and white' for goods in Classes 24 and 25 (Registration No 4 099 297)

Proprietor of the mark or sign cited in the opposition proceedings: the Applicants

Mark or sign cited in opposition: Representation of a black and white peacock for goods and services in Classes 18, 25 and 35.

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as there is a likelihood of confusion between the trade marks at issue due to their similar overall impression.

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