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Case T-538/08: Action brought on 9 December 2008 — Rewe-Zentral v OHIM — Kodi Diskontläden (inéa)
ECLI:EU:UNKNOWN:62008TN0538
62008TN0538
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7.3.2009
Official Journal of the European Union
C 55/29
(Case T-538/08)
(2009/C 55/55)
Language in which the application was lodged: German
Parties
Applicant: REWE-Zentral AG (Cologne, Germany) (represented by M. Kinkeldey and A. Bognár, 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: Koki Diskontläden GmbH (Oberhausen, Germany)
Form of order sought
—annul the decision of the Fourth Board of Appeal of OHIM of 6 October 2008 in Case No R 744/2008-4 and
—order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Figurative mark ‘inéa’ in the colours blue, pink and white for goods in Classes 3, 5 and 16 (application No 4 462 826).
Proprietor of the mark or sign cited in the opposition proceedings: Kodi Diskontläden GmbH.
Mark or sign cited in opposition: Trade mark ‘MINEA’ (No 303 61 428,5) for goods in Classes 8, 9 and 16, the opposition being directed against registration for goods in Class 16.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Decision of the Opposition Division annulled.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1), since there is no likelihood of confusion between the opposing marks.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).