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Case T -309/09: Action brought on 4 August 2009 — Sanyō Denki v OHIM — Telefónica O2 Germany (eneloop)

ECLI:EU:UNKNOWN:62009TN0309

62009TN0309

January 1, 2009
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7.11.2009

Official Journal of the European Union

C 267/65

(Case T -309/09)

2009/C 267/118

Language in which the application was lodged: German

Parties

Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: M. De Zorti, M. Koch and T. Grimm, 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: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany)

Form of order sought

Annul the contested decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2);

Order OHIM to pay the costs of the proceedings;

Order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘eneloop’ for goods in Class 9 (application No 4620225)

Proprietor of the mark or sign cited in the opposition proceedings: Telefónica O2 Germany GmbH & Co. OHG

Mark or sign cited in opposition: Inter alia, the German word mark ‘LOOP’ for goods and services in Classes 9, 38 and 42 (No 30 416 654,5)

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 (EC) No 207/2009, since there is no likelihood of confusion between the marks at issue.

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

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