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5.6.2010 |
EN |
Official Journal of the European Union |
C 148/47 |
Action brought on 8 April 2010 — Barilla v OHIM — Brauerei Schlösser (ALIXIR)
(Case T-157/10)
2010/C 148/76
Language in which the application was lodged: English
Parties
Applicant: Barilla G. e R. Fratelli SpA (Parma, Italy) (represented by: A. Colmano, G. Sironi and A. Vanzetti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Brauerei Schlösser GmbH (Düsseldorf, Germany)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 January 2010 in case R 820/2009-2; |
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Dismiss the opposition filed by the other party to the proceedings before the Board of Appeal against the registration of the Community trade mark concerned; |
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Alternatively, remit the case to the defendant so that it may dismiss the opposition; and |
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Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs incurred in these proceedings. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark “ALIXIR”, for goods, among others, in class 32
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 of the word mark “Elixeer”, for goods in class 32
Decision of the Opposition Division: Upheld the opposition in its entirety
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 wrongly found that there was a likelihood of confusion between the trade marks concerned.