Order of the Court (Fifth Chamber) of 30 June 2010.#Royal Appliance International GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Earlier mark 'sensixx' - Word mark 'Centrixx' - Relative ground for refusal - Likelihood of confusion - Application for revocation of an earlier mark - Proceedings pending before the national courts - Request for a stay of the proceedings before the General Court.#Case C-448/09 P.

Subject of the case

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 15 September 2009 in Case T-446/09 Royal Appliance International v OHIM – BSH Bosch und Siemens Hausgeräte , by which the Court of First Instance dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 3 October 2007, rejecting the registration of the word mark ‘Centrixx’ as a Community trade mark for certain goods in Class 7, by granting the opposition by the proprietor of the national word mark ‘sensixx’ – Failure to stay the proceedings while awaiting the resolution of the dispute pending before the national courts concerning the application for revocation of the earlier mark – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion between two marks.

Operative part

Operative part:

1. The appeal is dismissed.

2. Royal Appliance International GmbH is ordered to pay the costs.