Action brought on 6 June 2012 — Argo Group International v OHIM — Arisa Assurances (ARIS)

(Case T-247/12)

2012/C 243/45

Language in which the application was lodged: English

Parties

Applicant: Argo Group International Holdings Ltd (Hamilton, Bermuda) (represented by: R. Hoy, S. Levine, and N. Edbrooke, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Arisa Assurances SA (Luxembourg, Luxembourg)

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 in colour ‘ARIS’, for goods and services in class 36 — Community trade mark application No 7390404

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 in opposition: Community trade mark registration No 307470 of the figurative mark in colours ‘ARISA ASSURANCES S.A.’ for goods and services in class 36

Decision of the Opposition Division: Rejected the Community trade mark application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant submits that OHIM and the Board erred as a matter of law in concluding that the marks are legally similar and in concluding ipso facto that there is a likelihood of confusion on the part of the relevant public.