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Case T-99/10: Action brought on 2 March 2010 — Meica v OHIM — Tofutown.com (TOFUKING)
ECLI:EU:UNKNOWN:62010TN0099
62010TN0099
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EN
Official Journal of the European Union
C 113/66
(Case T-99/10)
2010/C 113/99
Language in which the application was lodged: German
Parties
Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Russlies, 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: Tofutown.com GmbH (Wiesbaum/Vulkaneifel, Germany)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 January 2010 (Case R 63/2009-4);
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Tofutown.com GmbH
Community trade mark concerned: the word mark ‘TOFUKING’ for goods in Classes 29, 30 and 32 (Application No 5 027 016)
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the German word mark ‘King’ (trade mark No 30 404 434), the Community word mark ‘Curry King’ (trade mark No 2 885 077) and the German word mark ‘Curry King’ (trade mark No 39 902 969), all three of which were registered for goods in Classes 29 and 30
Decision of the Opposition Division: rejection of the opposition
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94 (1) as there is a likelihood of confusion between the marks at issue
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).