Action brought on 29 October 2009 — La City v OHIM — Bücheler and Ewert

(Case T-444/09)

2010/C 11/63

Language in which the application was lodged: French

Parties

Applicant: La City (La Courneuve, France) (represented by: S. Bénoliel-Claux, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Andreas Bücheler and Konstanze Ewert (Engelskirchen, Germany)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: Andreas Bücheler and Konstanze Ewert

Community trade mark concerned: the word mark ‘citydogs’ for goods in Classes 16, 18 and 25 (Application No 4 692 381)

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

Mark or sign cited in opposition: the French word mark ‘CITY’ for goods in Classes 9, 14, 18 and 25; the opposition is against registration in Classes 18 and 25

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: annulment of the contested decision and dismissal of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) owing to the absence of likelihood of confusion of the marks at issue