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16.1.2010 |
EN |
Official Journal of the European Union |
C 11/37 |
Action brought on 17 November 2009 –Storck v OHIM — RAI (Radiotelevisione)
(Case T-462/09)
2010/C 11/68
Language in which the application was lodged: German
Parties
Applicant: August Storck KG (Berlin, Germany) (represented by: I. Rohr, P. Goldenbaum and T. Melchert, 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: Radiotelevisione italiana SpA (RAI)(Rome, Italy)
Form of order sought
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 8 September 2009 in Case R 1779/2008 4; |
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order OHIM to pay the costs; |
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should there be an intervener in the proceedings, order the intervener to bear its own costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: August Storck KG
Community trade mark concerned: the word mark “Ragolizia” for good in Class 30 (Application No 5 201 835)
Proprietor of the mark or sign cited in the opposition proceedings: Radiotelevisione italiana SpA (RAI)
Mark or sign cited in opposition: Community trade mark No 4 771 762“FAVOLIZIA”
Decision of the Opposition Division: Upheld the opposition and rejected the application
Decision of the Board of Appeal: Dismissal of 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 of the opposing trade marks
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).