Action brought on 9 December 2008 - Rewe-Zentral v OHIM - Kodi Diskontläden (inéa)

(Case T -538/08)

Language in which the application was lodged: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented by M. Kinkeldey and A. Bognár, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Koki Diskontläden GmbH (Oberhausen, Germany)

Form of order sought

annul the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 in Case No R 744/2008-4 and

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark 'inéa' in the colours blue, pink and white for goods in Classes 3, 5 and 16 (application No 4 462 826).

Proprietor of the mark or sign cited in the opposition proceedings: Kodi Diskontläden GmbH.

Mark or sign cited in opposition: Trade mark 'MINEA' (No 303 61 428.5) for goods in Classes 8, 9 and 16, the opposition being directed against registration for goods in Class 16.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Decision of the Opposition Division annulled.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, ¹ since there is no likelihood of confusion between the opposing marks.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).