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Valentina R., lawyer
2012/C 109/60
Language in which the application was lodged: German
Applicant: Wahl GmbH (Unterkirnach, Germany) (represented by: T. Kieser, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Tenacta Group SpA (Azzano S. Paolo, Italy)
—Alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889;
—in the alternative, alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889 in relation to registration of the trade mark applied for in respect of goods in Class 7;
—order the defendant to pay the costs of the proceedings.
Applicant for a Community trade mark: Wahl GmbH.
Community trade mark concerned: Figurative mark ‘bellissima’ for goods in Classes 7 and 8 (application No 8406704).
Proprietor of the mark or sign cited in the opposition proceedings: Tenacta Group SpA.
Mark or sign cited in opposition: Figurative mark ‘bellissima IMETEC’ for goods in Classes 9 and 11 (Community trade mark No 4534889).
Decision of the Opposition Division: Opposition allowed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, as there is no likelihood of confusion between the marks at issue.