14.10.2006   

EN

Official Journal of the European Union

C 249/16


Action brought on 28 August 2006 — Giorgio Beverly Hills v OHIM — WHG Westdeutsche Handelsgesellschaft (GIORGIO BEVERLY HILLS)

(Case T-228/06)

(2006/C 249/38)

Language in which the application was lodged: English

Parties

Applicant: Giorgio Beverly Hills Inc. (Cincinnati, USA) (represented by: M. Schaeffer, lawyer)

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

Other party to the proceedings before the Board of Appeal: WHG Westdeutsche Handelsgesellschaft mbH (Hagen, Germany)

Form of order sought

Overrule the decision of the Second Board of Appeal of 21 June 2006 in joined Cases R 107/2005-2 and R 187/2005-2 as far as appeal No R 187/2005-2 was dismissed;

reject the opposition B 57259 dated July 6, 1998 as far as this opposition was upheld by the decision No 4157/2004 of the Opposition Division of 10 December 2004;

order the defendant to bear the costs of the proceedings;

order the intervener to bear the costs of the proceeding before the Office for Harmonisation.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘GIORGIO BEVERLY HILLS’ for goods in classes 3, 14, 18 and 25 — application No 417 709

Proprietor of the mark or sign cited in the opposition proceedings: WHG Westdeutsche Handelsgesellschaft mbH.

Mark or sign cited: The national word mark and Community figurative mark ‘GIORGIO’ for goods in classes 18, 24 and 25

Decision of the Opposition Division: Opposition upheld for part of the contested goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: There is no sufficient risk of confusion between the conflicting trade marks as there does not exist a relevant similarity between the marks.