Action brought on 30 September 2009 — ERGO Versicherungsgruppe v OHIM — DeguDent (ERGO)

(Case T-382/09)

2009/C 297/34

Language in which the application was lodged: German

Parties

Applicant: ERGO Versicherungsgruppe AG (Düsseldorf, Germany) (represented by: V. von Bomhard, A. Renck, T. Dolde and J. Pause, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: DeguDent GmbH (Hanau on Main, Germany)

Forms of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: ERGO Versicherungsgruppe AG

Community trade mark concerned: The word mark ‘ERGO’ for goods and services in Classes 1 to 45 (Application No 3 292 638)

Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH

Mark or sign cited in opposition: The German word mark No 39 832 880 and the Community trade mark No 1 064 674‘CERGO’ for goods in Class 10, the opposition being brought only against the registration for goods in Classes 5 and 10

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of the first sentence of Article 42(5) in conjunction with the first sentence of Article 64(1) and Article 76(1) of Regulation (EC) No 207/2009 (1), since the Board of Appeal did not fully decide on the appeal;

Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is no likelihood of confusion between the opposing marks.

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).