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1.2.2016 |
EN |
Official Journal of the European Union |
C 38/71 |
Action brought on 30 November 2015 — Volfas Engelman v OHIM — Rauch Fruchtsäfte (BRAVORO PINTA)
(Case T-700/15)
(2016/C 038/96)
Language in which the application was lodged: English
Parties
Applicant: Volfas Engelman AB (Kaunas, Lithuania) (represented by: P. Olson, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Rauch Fruchtsäfte GmbH (Rankweil, Austria)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘BRAVORO PINTA’ — Application for registration No 10 725 381
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 17 September 2015 in Case R 1649/2014-2
Form of order sought
The applicant claims that the Court should:
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annul the contested decision and allow registration of the CTM 1072538 and; |
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order OHIM to bear the costs. |
Plea in law
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The Board of Appeal erred in identifying the relevant public; |
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The Board of Appeal erred in holding that the relevant public will display an average level of attention; |
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The Board of Appeal erred by ignoring the significant visual elements of the applied for mark; |
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The Board of Appeal erred by finding phonetic similarity between the marks; |
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The Board of Appeal erred in basing the decision on finding that the earlier enjoys enhanced distinctiveness for energy drinks in paragraph 42 of the decision; |
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The Board of Appeal erred in finding a likelihood of confusion. |