Action brought on 3 July 2008 — Indo Internacional v OHIM — Visual (VISUAL MAP)

(Case T-260/08)

(2008/C 223/96)

Language in which the application was lodged: English

Parties

Applicant: Indo Internacional, SA (Sant Cugat del Vallės, Spain) (represented by: X. Fàbrega Sabaté and M. Curell Aguilà, lawyers)

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

Other party to the proceedings before the Board of Appeal: Visual SA (Saint Apollinaire, France)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘VISUAL MAP’ for services in class 44 — application No 393 2936

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: French trade mark registration No 043 303 854 of the word mark ‘VISUAL’ for services in class 44

Decision of the Opposition Division: Rejection of the Community trade mark application in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1) of Council Regulation No 40/94 as there is no likelihood of confusion between the conflicting trade marks.