19.3.2011

Official Journal of the European Union

C 89/26

(Case T-66/11)

2011/C 89/50

Language in which the application was lodged: English

Parties

Applicant: Present Service Ullrich Verwaltungs-GmbH (Erlangen, Germany) (represented by: A. Graf von Kalckreuth, lawyer)

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

Other party to the proceedings before the Board of Appeal: Punt-Nou, SL (Ontynient, Spain)

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 19 November 2010 in case R 773/2010-2;

—Dismiss the opposition against the applicant’s trade mark ‘babilu’ and declare that the trade mark ‘babilu’ should be registered for all the goods and services applied for;

—Order the defendant to bear the costs of the proceedings

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘babilu’, for goods and services in classes 16, 18, 35, 36, 38 and 41 — Community trade mark application No 7205305

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 in opposition: Community trade mark registration No 3363645 of the word mark ‘BABIDU’, for amongst others, services in class 35

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was likelihood of confusion on the part of the relevant public.