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Case T-222/08: Action brought on 9 June 2008 — Sanatur v OHIM — Sektkellerei Schloss Wachenheim (life light)
ECLI:EU:UNKNOWN:62008TN0222
62008TN0222
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Valentina R., lawyer
30.8.2008
Official Journal of the European Union
C 223/46
(Case T-222/08)
(2008/C 223/80)
Language in which the application was lodged: German
Parties
Applicant: Sanatur GmbH (Singen, Germany) (represented by: M. Wiume, 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: Sektkellerei Schloss Wachenheim AG (Trier, Germany)
Form of order sought
—Annul the decision of the First Board of Appeal of OHIM of 6 March 2008 in Case R 1257/2006-1;
—Alter that decision so that the appeal is dismissed;
—Order the intervener to pay the costs of the proceedings, including the costs of the appeal.
Pleas in law and main arguments
Applicant for a Community trade mark: Sanatur GmbH.
Community trade mark concerned: Word mark ‘life light’ for goods in Class 32 (Application No 3 192 481).
Proprietor of the mark or sign cited in the opposition proceedings: Sektkellerei Schloss Wachenheim AG.
Mark or sign cited in opposition: German figurative mark ‘LIGHT live’ for goods in Class 32 (Mark No 302 00 216).
Decision of the Opposition Division: Dismissal of the opposition.
Decision of the Board of Appeal: Annul the decision of the Opposition Division.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) in that no likelihood of confusion exists between the conflicting marks.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).