Action brought on 19 October 2010 - Seba Diş Tįcaret ve Naklįyat v OHIM - von Eicken(SEBA TRADITION ESTABLISHED 1932 20 FILTER)

(Case T-508/10)

Language in which the application was lodged: German

Parties

Applicant: Seba Diş Tįcaret ve Naklįyat A.S. (Istanbul, Turkey) (represented by: H. Wilde, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Johann Wilhelm von Eicken GmbH (Lübeck, 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 18 August 2010 in Case R-0559/2009-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Coloured figurative mark, which contains the word elements 'ESTABLISHED 1932 SEBA TRADITION', for goods in Class 34.

Proprietor of the Community trade mark: The Applicant.

Applicant for the declaration of invalidity: Johann Wilhelm von Eicken GmbH

Trade mark right of applicant for the declaration: German figurative mark, which contains the word elements 'ESTABLISHED 1770 JOHANN WILHELM VON EICKEN TRADITION', for goods in Class 34.

Decision of the Cancellation Division: The application was granted.

Decision of the Board of Appeal: The appeal was rejected.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 ¹ because there is no likelihood of confusion of the marks at issue.

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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).