Action brought on 29 March 2010 — Space Beach Club v OHIM — Flores Gómez (SpS space of sound)

(Case T-144/10)

2010/C 134/79

Language in which the application was lodged: Spanish

Parties

Applicant: Space Beach Club SA (San Jorge (Ibiza), Spain) (represented by: A. Alejos Cutuli, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Miguel Ángel Flores Gómez (Madrid, Spain)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: Miguel Ángel Flores Gómez

Community trade mark concerned: Figurative mark containing the verbal component ‘SpS space of sound’ (Application No 5 683 693) for goods and services in Classes 9, 35 and 41.

Proprietor of the mark or sign cited in the opposition proceedings: The defendant

Mark or sign cited in opposition: Spanish figurative marks which contain the word element ‘SPACE’ (Nos 2 021 783, 2 610 677, 2 644 838, 2 644 839, 2 654 511, 2 694 428, 2 583 870, 3 175 742 and 4 529 814) for goods and services in Classes 9, 25 and 41.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Action dismissed.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.