Action brought on 4 October 2011 - Maxima Grupė v OHIM - Bodegas Maximo (MAXIMA PREMIUM)

(Case T-523/11)

Language in which the application was lodged: English

Parties

Applicant: Maxima Grupė, UAB (Vilnius, Lithuania) (represented by: R. Žabolienė and E. Saukalas, lawyers)

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

Other party to the proceedings before the Board of Appeal: Bodegas Maximo, SL (Oyón, Spain)

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 2 August 2011 in case R 1584/2010-4; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "MAXIMA PREMIUM", for goods in classes 3, 5, 16, 29, 30, 31, 32 AND 33 - Community trade mark application No 6981443

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: Community trade mark registration No 6642284, of the word mark "MAXIMO", for goods in class 33

Decision of the Opposition Division: Upheld the opposition for all the contested goods

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 found that there was a likelihood of confusion without taking into account all the relevant aspects of the present case, including inherently low distinctive character of "MAXIMO/MAXIMA", similarity of the signs, and the fact that the relevant public is highly attentive and well informed.

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