Action brought on 15 October 2007 - Earth Products v OHIM - Meynard Designs (EARTH)

(Case T-389/07)

Language in which the application was lodged: English

Parties

Applicant: Earth Products, Inc. (Carlsbad, United States) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Meynard Designs, Inc. (Waltham, United States)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 9 August 2007 insofar as it has upheld the decision of the Opposition Division;

order the defendant to bear its own costs and to pay those of the applicant.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark 'EARTH' for goods in class 25 - application No 2 907 608

Proprietor of the mark or sign cited in the opposition proceedings: Meynard Designs, Inc.

Mark or sign cited: The Community and national figurative mark 'EARTH' for goods in classes 3, 14, 18, 25 and 35

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the conflicting trade marks are not visually or phonetically similar.

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