Action brought on 20 August 2007 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)

(Case T-316/07)

(2007/C 235/49)

Language in which the application was lodged: German

Parties

Applicant: Commercy AG (Weimar, Germany) (represented by: F. Jaschke, 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: easyGroup IP Licensing Limited

Form of order sought

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘easyHotel’ for goods and services in Classes 16, 25, 32, 33, 35, 36, 39, 41 and 42 (Community trade mark No 1 866 706)

Proprietor of the Community trade mark: easyGroup IP Licensing Limited

Applicant for the declaration of invalidity: Bettina Breitenbücher, Sozietät Kübler

Trade mark right of the applicant for the declaration of invalidity: The German word mark ‘EASYHOTEL’ for goods and services in Classes 9, 38 and 42 (No 30 043 724)

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal in Case R 1295/2006-2

Pleas in law: Infringement of Article 8(1)(a) of Regulation (EC) No 40/94 (1), as that provision was interpreted too strictly. On the basis of the identity of the signs there is a likelihood of confusion even though the goods and services are more remotely similar.

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).