Action brought on 29 November 2010 - Natura Selection v OHIM - Afoi Anezoulaki (natur)

(Case T-549/10)

Language in which the application was lodged: English

Parties

Applicant: Natura Selection, SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

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

Other party to the proceedings before the Board of Appeal: Afoi Anezoulaki AE trading as FIERATEX S.A. (Kilkis, Greece)

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 6 September 2010 in case R 217/2010-2;

Annul the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2009;

Reject the Community trade mark application No 6908214 granted by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for "table covers"; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "natur", for goods in class 24 - Community trade mark application No 6908214

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 2016384 of the figurative mark "natura selection", for goods and services in classes 3, 14, 16, 20, 25, 35, 38, 39 and 42; Community trade mark registration No 2704948 of the figurative mark "natura" for goods and services in classes 14, 25 and 35; Community trade mark registration No 3694627 of the figurative mark "natura casa" for goods and services in classes 20, 35 and 39; Community trade mark registration No 4713368 of the figurative mark "natura" for goods and services in classes 14, 20, 25 and 35; International trade mark registration No 642074 of the figurative mark "natura selection" for services in class 39; Spanish trade mark registration No 1811494 of the figurative mark "natura selection" for services in class 39; Spanish national establishment sign No 251725 of the figurative mark "natura selection" for the following activity "establishment dedicated to the marketing of gift articles"; Spanish national establishment sign No 252321 of the figurative mark "natura selection" for the following activity "establishment dedicated to the marketing of gift articles"; Spanish national establishment sign No 208780 of the word mark "NATURA SELECTION, S.L." for the following activity "establishment dedicated to the marketing of gift products. Located in Barcelona".

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

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 wrongly assumed that there was no likelihood of confusion between the trade marks due to a lacking similarity between the trade marks and between the goods.

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