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Case T-29/12: Action brought on 17 January 2012 — Bauer v OHIM — BenQ Materials (Daxon)
ECLI:EU:UNKNOWN:62012TN0029
62012TN0029
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Official Journal of the European Union
C 80/23
(Case T-29/12)
2012/C 80/39
Language in which the application was lodged: German
Parties
Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 November 2011 in Case R 2191/2010-2 in its entirety;
—order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: BenQ Materials Corp.
Community trade mark concerned: the word mark ‘Daxon’ for goods in Classes 3, 5 and 10
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the word mark ‘DALTON’ for goods and services in Classes 3, 5, 18, 25, 35, 41 and 44
Decision of the Opposition Division: rejection of the opposition
Decision of the Board of Appeal: dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is a likelihood of confusion between the marks at issue.