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18.4.2009 |
EN |
Official Journal of the European Union |
C 90/30 |
Action brought on 11 February 2009 — Cafea v OHIM — Christian (BEST FARM)
(Case T-53/09)
2009/C 90/47
Language in which the application was lodged: German
Parties
Applicant: Cafea GmbH (Hamburg, Germany) (represented by: C. Schumann and M. Hartmann, 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: Dieter Christian (Frankfurt, Germany)
Form of order sought
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annul the decision of the First Board of Appeal of 27 November 2008 in Case R 420/2008-1; |
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order the defendant to pay the costs of the proceedings; |
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order the applicant for a Community trade mark to pay the costs of the opposition proceedings and the appeal proceedings before the Office for Harmonisation in the Internal Market |
Pleas in law and main arguments
Applicant for a Community trade mark: Dieter Christian
Community trade mark concerned: Word mark ‘BEST FARM’ for goods in Classes 29, 30, 31 and 32 (Registration No 3 089 281)
Proprietor of the mark or sign cited in the opposition proceedings: the applicant acting under its previous corporate name KORD Beiteiligungsgesellschaft mbH & Co. KG
Mark or sign cited in opposition: German word mark ‘BESTFORM’ for goods and services in Classes 1, 29, 30, 32, 33 and 42 (No 300 563 34)
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Rejection of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1), because there exists a likelihood of confusion, or at least a likelihood of association, between the conflicting marks
(1) Council Regulation (EC) No 40/941 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)