Action brought on 26 October 2011 - Kokomarina v OHIM - Euro Shoe Unie (interdit de me gronder I D M G)

(Case T -568/11)

Language in which the application was lodged: French

Parties

Applicant: Kokomarina (Concarneau, France) (represented by: C. Charrière-Bournazel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Euro Shoe Unie NV (Beringen, Belgium)

Form of order sought

The applicant claims that the General Court should:

declare Kokomarina's action to be admissible;

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 July 2011 in Case R 1814/2010-1;

dismiss the opposition brought by EURO SHOE UNIE NV against the application for registration as a Community trade mark of Kokomarina's mark 'I D M G - interdit de me gronder'.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark containing the verbal element 'interdit de me gronder I D M G' for goods in class 25.

Proprietor of the mark or sign cited in the opposition proceedings: Euro Shoe Unie NV.

Mark or sign cited in opposition: Benelux word mark 'DMG' for goods in Classes 18, 25 and 35.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Lack of use of the opposed mark and no likelihood of confusion.

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