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Case T-300/11: Action brought on 10 June 2011 — Otto v OHIM — Nalsani (TOTTO)
ECLI:EU:UNKNOWN:62011TN0300
62011TN0300
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13.8.2011
EN
Official Journal of the European Union
C 238/27
(Case T-300/11)
2011/C 238/48
Language in which the application was lodged: German
Parties
Applicant: Otto GmbH & Co. KG (Hamburg, Germany) (represented by: P. Schäuble and S. Müller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Nalsani, SA (Bogota, Colombia)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 March 2011 in Case R 1291/2010-2;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Nalsani, SA
Community trade mark concerned: the figurative mark ‘TOTTO’ for goods in Classes 3, 9, 14, 18 and 25 — application No 6 212 451
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the national figurative mark ‘OTTO’ for goods in Classes 3, 9, 14, 18 and 25
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the opposition was rejected
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is a likelihood of confusion between the marks at issue. The Board of Appeal focused on the wrong factors in assessing the visual similarity of the signs.