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Case T-195/09: Action brought on 19 May 2009 — Matkompaniet v OHIM — DF World of Spices (KATOZ)
ECLI:EU:UNKNOWN:62009TN0195
62009TN0195
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Valentina R., lawyer
EN
Official Journal of the European Union
C 180/54
(Case T-195/09)
2009/C 180/100
Language in which the application was lodged: English
Parties
Applicant: Matkompaniet AB (Borås, Sweden) (represented by: J. Gulliksson and J. Olsson, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: DF World of Spices GmbH (Dissen, Germany)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2009 in case R 577/2008-2; and
—Order the defendant to pay the costs incurred both in the proceedings before the Court of First Instance and before OHIM.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark “KATOZ”, for goods in classes 29, 30 and 31
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited: German trade mark registration of the figurative mark “KATTUS” for goods in classes 29, 30, 31 and 33
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Upheld the appeal and partially rejected the application for the Community trade mark
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the trade marks concerned.