Official Journal of the European Union

C 180/60

(Case T-221/09)

2009/C 180/111

Language in which the application was lodged: German

Parties

Applicant: ERGO Versicherungsgruppe AG (Düsseldorf, Germany) (represented by: V. von Bomhard, A. Renck, T.Dolde and J. Pause, 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: Société de Développement et de Recherche Industrielle SAS (Chenôve, France)

Form of order sought

—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 March 2009 in Case R 520/2008-4; and

—Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ERGO’ for goods and services in Classes 3 and 5 (Application No 3 296 449)

Proprietor of the mark or sign cited in the opposition proceedings: Société de Développement et de Recherche Industrielle SAS

Mark or sign cited in opposition: The word mark ‘URGO’ (Community trade mark No 989 863) for goods an services in Classes 3 and 5

Decision of the Opposition Division: Partial acceptance of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The contested decision infringes Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) in as much as there is no likelihood of confusion between the opposing marks.

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