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Case T-72/10: Action brought on 15 February 2010 — Intermark Srl v OHIM
ECLI:EU:UNKNOWN:62010TN0072
62010TN0072
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Official Journal of the European Union
C 113/52
(Case T-72/10)
2010/C 113/83
Language in which the application was lodged: Hungarian
Parties
Applicant(s): Intermark Srl (Stei, Romania) (represented by: Á.M. László, ügyvéd)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party/parties to the proceedings before the Board of Appeal of OHIM: Natex International Trade SpA (Pioltello, Italy)
Form of order sought
—Amendment of the decision of the defendant and dismissal in its entirety of the application for registration with regard to all goods;
—An order that the defendant bear the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Natex International Trade SpA
Community trade mark concerned: the word mark ‘NATY’S’ for goods in classes 29, 30 and 32 (application for registration No 5 810 627)
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the figurative mark ‘Naty’ for goods and services in classes 30 and 35 (Community trade mark No 4 149 456)
Decision of the Opposition Division: opposition upheld in part
Decision of the Board of Appeal: dismissal of the application
Pleas in law: breach of Article 8(1)(b) of Regulation (EC) No 207/2009, in that there is a likelihood of confusion between the marks at issue.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).