Action brought on 24 March 2011 - Yordanov v OHIM - Distribuidora comercial del frio (DISCO DESIGNER)
(Case T -189/11)
Language in which the application was lodged: German
Parties
Applicant: Peter Yordanov (Rousse, Bulgaria) (represented by: T. Walter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Distribuidora comercial del frio, SA (Madrid, Spain)
Form of order sought
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 January 2011 in Case R 803/2010-2;
Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Word mark 'DISCO DESIGNER' for goods in Classes 11, 19 and 20.
Proprietor of the mark or sign cited in the opposition proceedings: Distribuidora comercial del frio, SA.
Mark or sign cited in opposition: Figurative mark including the word element 'DISCO' for goods in Class 11.
Decision of the Opposition Division: To uphold the opposition.
Decision of the Board of Appeal: To dismiss the appeal.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 since there is no likelihood of confusion between the marks in question and the Board of Appeal incorrectly held that the goods at issue were identical.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).