EN

Official Journal of the European Union

C 103/26

(Case T-80/11)

2011/C 103/45

Language in which the application was lodged: German

Parties

Applicant: Dwarka Nath Kalsi and Ajit Nath Kalsi (Agra, India) (represented by: J. Schmidt, 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: American Clothing Associates NV (Evergem, Belgium)

Forms of order sought

—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2010 in Case R 599/2010-1;

—Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Dwarka Nath Kalsi and Ajit Nath Kalsi.

Community trade mark concerned: Figurative marks containing the word element ‘RIDGE WOOD’ for goods and services in Classes 18, 24 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: American Clothing Associates NV.

Mark or sign cited in opposition: Word mark ‘RIVER WOODS’ and figurative marks containing the word element ‘RIVER WOODS’ und ‘River Woods’ for goods and services in Classes 18, 25 and 40.

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal allowed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since there is no likelihood of confusion between the two marks at issue; Infringement of Article 15(1) und Article 42 of Regulation (EC) No 207/2009 on account of failure to prove use of the earlier marks, and infringement of Article 8(5) of Regulation (EC) No 207/2009, since the facts presented by American Clothing Associates were insufficient to establish a reputation within the meaning of this Article.

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).