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20.12.2008 |
EN |
Official Journal of the European Union |
C 327/31 |
Action brought on 22 September 2008 — MIP Metro v OHIM — CBT Comunicación Multimedia (Metromeet)
(Case T-407/08)
(2008/C 327/57)
Language in which the application was lodged: German
Parties
Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Dusseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, 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: CBT Comunicación Multimedia, SL (Getxo, Spain)
Form of order sought
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Annul the decision of the First Board of Appeal of OHIM of 12 June 2008 in Case R 387/2007-1 as it is incompatible with Article 8(1)(b) of Regulation No 40/94 on the Community trade mark and refuse application No 37 405 29 for the Community trade mark ‘metromeet’; |
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Order OHIM to pay the costs of the proceedings, including those of the opposition and appeal proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: CBT Comunicación Multimedia, SL
Community trade mark concerned: Figurative mark ‘Metromeet’ for goods and services in Classes 9, 16, 35 and 41 — Application No 3 740 529
Proprietor of the mark or sign cited in the opposition proceedings: MIP Metro
Mark or sign cited in opposition: The national figurative mark ‘METRO’ and the word mark ‘meeting metro’ for goods and services in Classes 9, 16, 35 and 41
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 in that there is a likelihood of confusion between the marks at issue.