Action brought on 29 December 2010 - El Corte Inglés v OHIM - Ruan (B)
(Case T-593/10)
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J. L. Rivas Zurdo and E. Seijo Veiguela, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal of OHIM: Jian Min Ruan (Mem Martins, Portugal)
Form of order sought
The applicant claims that the Court should:
annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 October 2010, in Case R 576/2010-2, and declare that, in accordance with Article 8(1)(b) of the CTMR, the opponent's appeal before OHIM ought to have been upheld and the Opposition Division's decision to grant in full the complex Community trade mark 'B' (No 6.379.721) annulled;
order the party or parties which oppose this action to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Jian Min Ruan.
Community trade mark concerned: Red and white figurative mark containing the letter 'B' for goods in Class 25.
Proprietor of the mark or sign cited in the opposition proceedings: El Corte Inglés, SA.
Mark or sign cited in opposition: Figurative mark containing the letter 'B' for goods in Class 25.
Decision of the Opposition Division: Opposition rejected.
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 a likelihood of confusion between the marks at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).