Action brought on 22 November 2010 - Organismos Kypriakis Galaktokomikis Viomichanias v OHIM - Garmo (HELLIM)

(Case T -534/10)

Language in which the application was lodged: German

Parties

Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Lefkosia, Cyprus) (represented by: C. Milbradt and H. Van Volxem, 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: Garmo AG (Stuttgart, Germany)

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 20 September 2010 in Case R 794/2010-4;

Order the defendant to pay the costs, including the costs incurred in the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Garmo AG

Community trade mark concerned: the word mark 'HELLIM' for goods in Class 29

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

Mark or sign cited in opposition: the collective word mark 'HALLOUMI' for goods in Class 29

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 ¹, as the marks and goods at issue are similar and there is a likelihood of confusion between the marks, and infringement of Article 63(2) of Regulation No 207/2009 as the applicant should have been able to rely on having the opportunity to respond to the observations of the respondent in the appeal proceedings before OHIM

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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).