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Case T-600/11: Action brought on 25 November 2011 — Schuhhaus Dielmann v OHIM — Carrera (Carrera panamericana)
ECLI:EU:UNKNOWN:62011TN0600
62011TN0600
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4.2.2012
EN
Official Journal of the European Union
C 32/30
(Case T-600/11)
2012/C 32/62
Language in which the application was lodged: German
Parties
Applicant: Schuhhaus Dielmann GmbH & Co. KG (Darmstadt, Germany) (represented by: W. Göpfert)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Carrera SpA (Caldiero, Italy)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 September 2011 in Case R 1989/2010-1;
—order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant.
Community trade mark concerned: word mark ‘Carrera panamericana’ for goods in Classes 18 and 25.
Proprietor of the mark or sign cited in the opposition proceedings: Carrera SpA.
Mark or sign cited in opposition: figurative mark containing the word element ‘CARRERA’ for goods in Class 25.
Decision of the Opposition Division: opposition upheld in part.
Decision of the Board of Appeal: appeal dismissed.
Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009, since there is no likelihood of confusion between the opposing marks.