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Case T-23/11: Action brought on 17 January 2011 — El Corte Inglés v OHIM — BA&SH (ba&sh)
ECLI:EU:UNKNOWN:62011TN0023
62011TN0023
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Valentina R., lawyer
12.3.2011
EN
Official Journal of the European Union
C 80/22
(Case T-23/11)
2011/C 80/43
Language in which the application was lodged: English
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. López Camba and J. Rivas Zurdo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: BA&SH SAS (Paris, France)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2010 in case R 94/2010-2;
—Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘ba&sh’, for goods in classes 3, 14, 18 and 25 — Community trade mark application No 5679758
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Spanish trade mark registration No 2211312 of the figurative mark in colour ‘BASS10’, for goods in class 3; Spanish trade mark registration No 2140717 of the figurative mark in colour ‘BASS10’, for goods in class 18; Spanish trade mark registration No 2140718 of the figurative mark in colour ‘BASS10’, for goods in class 25; Spanish trade mark registration No 2223832 of the figurative mark in colour ‘BASS10’, for goods in class 14
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: The applicant considers that the contested decision infringes Articles 42(2) and 42(3) of Council Regulation (EC) No 207/2009, as the Board of Appeal wrongly concluded that no genuine use for the goods concerned was proved. The applicant also considers that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the concerned trade marks are confusingly similar and as the products designated by the contested trade mark are partially identical and partially similar to those covered by the earlier registrations.