12.3.2011

Official Journal of the European Union

C 80/19

(Case T-586/10)

2011/C 80/36

Language in which the application was lodged: English

Parties

Applicant: Aktieselskabet af 21. november 2001 (Brande, Denmark) (represented by: C. Christiansen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Parfums Givenchy SA (Levallois Perret, France)

Form of order sought

—Set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2010 in case R 1556/2009-2; and

—Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark in colour ‘only givenchy’, for goods in class 3 — Community trade mark application No 3980241

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Danish trade mark registration No VR 2001 03359 of the word mark ‘ONLY’, inter alia for goods in classes 3 and 9; Danish trade mark registration No VR 2000 02183 of the word mark ‘ONLY’, for goods in class 25; Community trade mark registration No 638833 of the word mark ‘ONLY’, for goods in classes 14, 18 and 25

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009, as the Board of Appeal erred in finding that there is no likelihood of confusion and that the relevant public would not establish a link or a connection between the earlier marks and the contested mark.