Action brought on 23 July 2008 — CPS Color Group v OHIM — Fema Farben und Putze (TEMACOLOR)

(Case T-295/08)

(2008/C 247/37)

Language in which the application was lodged: English

Parties

Applicant: CPS Color Group Oy (Vantaa, Finland) (represented by: P. Hagman, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fema Farben und Putze GmbH (Ettlingen, Germany)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘TEMACOLOR’ for goods in class 2

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration No 2 104 061 of the word mark ‘FEMA-Color’ for goods in class 2; international trade mark registration No 691 406 of the word mark ‘FEMA-Color’ for goods in class 2

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The Board of Appeal erred in law in determining that the conflicting trade marks are confusingly similar, in breach of Article 8(1)(b) of Council Regulation 40/94.