Action brought on 21 April 2011 - Caventa AG v OHIM - Anson's Herrenhaus (BERG)
(Case T -224/11)
Language in which the application was lodged: German
Parties
Applicant(s): Caventa AG (Rekingen, Switzerland) (represented by: J. Krenzel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Anson's Herrenhaus KG (Düsseldorf, Germany)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2011 in Case R 1494/2010-1;
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Caventa AG.
Community trade mark concerned: Word mark 'BERG' for goods in Classes 25 and 28 (Application No 7 115 009).
Proprietor of the mark or sign cited in the opposition proceedings: Anson's Herrenhaus KG.
Mark or sign cited in opposition: Word mark 'Christian Berg' for goods and services in Classes 3, 18, 25 and 35 (Community trade mark No 338 36 76), the opposition being directed against registration for goods in Classes 25 and 28.
Decision of the Opposition Division: Opposition upheld.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,
1 since there is no likelihood of confusion between the marks in question.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (Consolidated Version) (OJ 2009 L 78, p. 1).