Action brought on 9 June 2008 - Sanatur v OHIM - Sektkellerei Schloss Wachenheim (life light)

(Case T-222/08)

Language in which the application was lodged: German

Parties

Applicant: Sanatur GmbH (Singen, Germany) (represented by: M. Wiume, 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: Sektkellerei Schloss Wachenheim AG (Trier, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of OHIM of 6 March 2008 in Case R 1257/2006-1;

Alter that decision so that the appeal is dismissed;

Order the intervener to pay the costs of the proceedings, including the costs of the appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: Sanatur GmbH.

Community trade mark concerned: Word mark 'life light' for goods in Class 32 (Application No 3 192 481).

Proprietor of the mark or sign cited in the opposition proceedings: Sektkellerei Schloss Wachenheim AG.

Mark or sign cited in opposition: German figurative mark 'LIGHT live' for goods in Class 32 (Mark No 302 00 216).

Decision of the Opposition Division: Dismissal of the opposition.

Decision of the Board of Appeal: Annul the decision of the Opposition Division.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94¹ in that no likelihood of confusion exists between the conflicting marks.

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¹ - Council Regulation (EC) No 40/94 of 20 December1993 on the Community trade mark (OJ 1994 L 11, p. 1).