9.6.2012

EN

Official Journal of the European Union

C 165/21

(Case T-114/12)

2012/C 165/36

Language in which the application was lodged: French

Parties

Applicant: Bode Chemie GmbH (Hamburg, Germany) (represented by: N. Aicher, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Laros Srl (Cremona, Italy)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2012 in Case R 2423/2010-4; and

—order the defendant to pay the costs, including the costs of the appeal proceedings before OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party before the Board of Appeal.

Community trade mark concerned: Figurative mark consisting of the word elements ‘sterilina’, in the colours white and red for goods in Classes 3 and 5 — Community trade mark applied for No 8120032.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Community trade mark ‘STERILLIUM’ No 221168 for goods in Class 5; Figurative Community mark in the colours blue and white ‘BODE Sterillium’ No 6262257 for goods in Class 5.

Decision of the Opposition Division: Rejection of the opposition in its entirety.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 2007/2009, in that contrary to the opinion of the Board of Appeal, a global assessment of the relevant criteria in respect of the identity and/or similarity between the goods, of the similarity between the signs and the distinctive character of the opposing mark leads to a determination of a likelihood of confusion for the public.