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5.6.2010 |
EN |
Official Journal of the European Union |
C 148/34 |
Action brought on 18 March 2010 — Amecke Fruchtsaft v OHIM — Uhse (69 Sex up)
(Case T-125/10)
2010/C 148/59
Language in which the application was lodged: German
Parties
Applicant: Amecke Fruchtsaft GmbH & Co. KG (Menden, Germany) (represented by: R. Kaase and J.-C. Plate, 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: Beate Uhse Einzelhandels GmbH (Flensburg, Germany)
Form of order sought
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Declare the application, together with the annexes submitted, made against the decision of the First Board of Appeal of OHIM of 12 January 2010 in Case R 612/2009-1, admissible; and |
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Annul the contested decision on the ground of incompatibility with Article 8(1)(b) of Regulation (EC) No 40/94; (1) |
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Order the defendant to pay the costs of the proceedings, including the costs before the Board of Appeal. |
Pleas in law and main arguments
Applicant for a Community trade mark: Beate Uhse Einzelhandels GmbH
Community trade mark concerned: Word mark ‘69 Sex up’ for goods and services in Classes 3, 5, 9, 29, 30, 32, 33, 38 and 41 (application No 5 418 108)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: German word mark ‘sex:h:up’ No 305 31 669.9 for goods in Classes 5, 29, 30 and 32
Decision of the Opposition Division: To uphold the opposition for all disputed goods
Decision of the Board of Appeal: To rescind the contested decision and reject the opposition
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94, since there is a likelihood of confusion between the conflicting marks
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).