16.1.2010

EN

Official Journal of the European Union

C 11/37

(Case T-462/09)

2010/C 11/68

Language in which the application was lodged: German

Parties

Applicant: August Storck KG (Berlin, Germany) (represented by: I. Rohr, P. Goldenbaum and T. Melchert, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Radiotelevisione italiana SpA (RAI)(Rome, Italy)

Form of order sought

—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 8 September 2009 in Case R 1779/2008 4;

—order OHIM to pay the costs;

—should there be an intervener in the proceedings, order the intervener to bear its own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: August Storck KG

Community trade mark concerned: the word mark “Ragolizia” for good in Class 30 (Application No 5 201 835)

Proprietor of the mark or sign cited in the opposition proceedings: Radiotelevisione italiana SpA (RAI)

Mark or sign cited in opposition: Community trade mark No 4 771 762“FAVOLIZIA”

Decision of the Opposition Division: Upheld the opposition and rejected the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), as there is no likelihood of confusion of the opposing trade marks

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