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4.8.2007 |
EN |
Official Journal of the European Union |
C 183/40 |
Action brought on 15 June 2007 — Harman International Industries v OHIM — Becker (Barbara Becker)
(Case T-212/07)
(2007/C 183/76)
Language in which the application was lodged: English
Parties
Applicant: Harman International Industries, Inc. (Northridge, USA) (represented by: M. Vanhegan, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Barbara Becker (Miami, USA)
Form of order sought
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Annulment of paragraph 1 of the First Board of Appeal's decision of 7 March 2007 (Case R 502/2006-1), by which the decision of the Opposition Division of 15 February 2005 was annulled; |
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an order that the Community trade mark application No 2 939 072 be refused in its entirety; |
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an order that the defendant pays the applicant its costs incurred before the Board of Appeal and the Court of First Instance. |
Pleas in law and main arguments
Applicant for the Community trade mark: Barbara Becker
Community trade mark concerned: The Community work mark ‘Barbara Becker’ for goods in Class 9 — application No 2 939 072
Proprietor of the mark or sign cited in the opposition proceedings: Harman International Industries, Inc
Mark or sign cited: The Community word marks ‘BECKER’ and ‘BECKER ONLINE PRO’ for goods in Class 9
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Upheld the appeal and rejected the opposition
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation 40/94 (‘CTMR’).
The applicant claims that the Board erred in its application of Article 8(1)(b) CTMR in finding that there was no conceptual similarity between the applicant's mark ‘BECKER’ and the sign applied for by ‘Barbara Becker’, and hence no likelihood of confusion. Furthermore, the applicant submits that the Board erred in law in its application of Article 8(5) CTMR in finding that there was no link between the sign applied for by ‘Barbara Becker’ and the Community trade mark of its own.