21.11.2009

Official Journal of the European Union

C 282/57

(Case T-374/09)

2009/C 282/106

Language in which the application was lodged: German

Parties

Applicant: Lorenz Shoe Group AG (Taufkirchen, Austria) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Fujian, People’s Republic of China)

Form of order sought

—Annul the decision of the First Board of Appeal of 16 July 2009 in Case R 1289/2008-1;

—Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd

Community trade mark concerned: the word mark ‘Ganeder’ for goods in Classes 14, 18 and 25 (Application No 5 108 774)

Proprietor of the mark or sign cited in the opposition proceedings: Lorenz Shoe Group AG (formerly shoe fashion group LORENZ AG)

Mark or sign cited in opposition: The word mark ‘Ganter’ for goods in Class 25 (Community trade mark No 469 262), in respect of opposition only to the registration for goods in that class

Decision of the Opposition Division: Dismissal of the opposition

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), since there is a likelihood of confusion between the trade marks at issue.

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