(Case C‑448/09 P)

Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Earlier mark ‘sensixx’ – Word mark ‘Centrixx’ – Relative ground for refusal – Likelihood of confusion – Application for revocation of an earlier mark – Proceedings pending before the national courts – Request for a stay of the proceedings before the General Court

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 15 September 2009 in Case T-446/09 Royal Appliance International v OHIM – BSH Bosch und Siemens Hausgeräte, by which the Court of First Instance dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 3 October 2007, rejecting the registration of the word mark ‘Centrixx’ as a Community trade mark for certain goods in Class 7, by granting the opposition by the proprietor of the national word mark ‘sensixx’ – Failure to stay the proceedings while awaiting the resolution of the dispute pending before the national courts concerning the application for revocation of the earlier mark – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion between two marks.

Operative part:

1.The appeal is dismissed.

2.Royal Appliance International GmbH is ordered to pay the costs.