Action brought on 23 August 2010 - Hartmann v OHMI - Mölnlycke Health Care (MESILETTE)
(Case T-342/10)
Language in which the application was lodged: English
Parties
Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Mölnlycke Health Care AB (Göteborg, Sweden)
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 20 May 2010 in case R 1222/2009-2, and;
Order the defendant to bear the costs of the proceedings.
Pleas in law and main arguments
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark "MESILETTE", for goods in class 5 - Community trade mark application No 6494025
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: German trade mark registration No 1033551 of the word mark "MEDINETTE", for goods in class 25; International trade mark registration No 486204 of the word mark "MEDINETTE", for goods in class 25
Decision of the Opposition Division: Rejected the opposition
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 made an incorrect assessment of the likelihood of confusion, in particular of the similarity of the signs.
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