Parties
Applicant: Colgate-Palmolive Company (New York, United States) (represented by: M. Zintler and G. Schindler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany)
Form of order sought
- Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2011 in case R 1094/2010-2; and
- Reject the opposition
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark "360° SONIC ENERGY", for "toothbrushes" in class 21 - Community trade mark application No 6236533
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: International trade mark registration No 842882 of the word mark "SONIC POWER", for goods in classes 3 and 21
Decision of the Opposition Division: Upheld the opposition and rejected the Community trade mark application in its entirety
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 incorrectly found a likelihood of confusion between the marks at issue.
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