Action brought on 21 September 2009 — Visti Beheer BV v OHIM — Meister (GOLD MEISTER)

(Case T-372/09)

2009/C 282/104

Language in which the application was lodged: German

Parties

Applicant: Visti Beheer BV (Rotterdam, Nethrerlands) (represented by: A. Herbertz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Meister + Co. AG (Wollerau, Switzerland)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘GOLD MEISTER’ in respect of goods and services in Classes 3, 14, 16, 35, 37, 40 and 42 (Application No 5 243 209)

Proprietor of the mark or sign cited in the opposition proceedings: Meister + Co. AG

Mark or sign cited in opposition: the German word mark No 39 534 716 and the Community mark No 2 607 737‘MEISTER’ for goods in Class 14, whereas the opposition is directed solely against the registration for goods in that Class

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) as there is no likelihood of confusion between the conflicting trade marks.

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