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Case T-101/11: Action brought on 23 February 2011 — Mizuno v OHIM — Golfino (G)
ECLI:EU:UNKNOWN:62011TN0101
62011TN0101
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16.4.2011
EN
Official Journal of the European Union
C 120/16
(Case T-101/11)
2011/C 120/37
Language in which the application was lodged: German
Parties
Applicant: Mizuno Corp. (Osaka, Japan) (represented by: T. Raab and H. Lauf, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Golfino AG (Glinde, Germany)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 December 2010 in Case R 821/2010-1 in its entirety;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark containing the letter ‘G’ together with other symbols, for goods in Class 25
Proprietor of the mark or sign cited in the opposition proceedings: Golfino AG
Mark or sign cited in opposition: the figurative mark containing the letter ‘G’ together with a plus sign, for goods and services in Classes 18, 25 and 35
Decision of the Opposition Division: the opposition was rejected
Decision of the Board of Appeal: the appeal was granted and the application was rejected
Pleas in law: Infringement of Article 8(1)(b) and indirectly of Article 7(1)(b) of Regulation (EC) No 207/2009 (1) as there is no likelihood of confusion between the marks at issue
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
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