Action brought on 20 January 2012 - Vardar v OHIM - Joker (pingulina)

(Case T-32/12)

Language in which the application was lodged: English

Parties

Applicant: Muslahadin Vardar (Löhne, Germany) (represented by: I. Höfener and M. Boden, lawyers)

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

Other party to the proceedings before the Board of Appeal: Joker, Inc. (Allen, United States)

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 17 November 2011 in case R 475/2011-4, and alter it so that the opposition is rejected and the applicant's application for registration is granted; and

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: The figurative mark "pingulina", in orange, violet, blue, green, yellow and black, for goods in classes 20, 24 and 25 - Community trade mark application No 8402992

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: The opposition was based inter alia upon the International trade mark registration No 537386A of the figurative mark "PINGU", in black and white, for goods inter alia in classes 20, 24 and 25

Decision of the Opposition Division: Upheld the opposition in its entirety and rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the mark applied for and the earlier marks.

____________