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6.10.2007 |
EN |
Official Journal of the European Union |
C 235/22 |
Action brought on 6 August 2007 — Motopress v OHIM — Sony Computer Entertainment Europe (BUZZ!)
(Case T-302/07)
(2007/C 235/41)
Language in which the application was lodged: German
Parties
Applicant: Motopress Werbe- und Verlagsgesellschaft mbH (Vienna, Austria) (represented by: L. Wiltschek, 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: Sony Computer Entertainment Europe Limited
Form of order sought
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Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 June 2007 (Appeal No R 1468/2006-2) to the extent required in order to grant the opposition to trade mark Application No 4 441 044; |
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In the alternative, annul the contested decision and refer the case back to the Office for Harmonisation in the Internal Market; |
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Order the Office for Harmonisation in the Internal Market to pay the costs of the appeal proceedings and of the proceedings before the Court of First Instance. |
Pleas in law and main arguments
Applicant for a Community trade mark: Sony Computer Entertainment Europe Limited
Community trade mark concerned: the figurative mark ‘BUZZ!’ for goods and services in classes 9, 16, 28 and 41 (Application No 4 441 044).
Proprietor of the mark or sign cited in the opposition proceedings: the Applicant.
Mark or sign cited in opposition: Austrian word mark ‘BUZZ!’ for goods and services in classes 9, 16, 35 and 38.
Decision of the Opposition Division: rejection of the opposition.
Decision of the Board of Appeal: dismissal of the appeal.
Pleas in law: Infringement of Article 74(2) of Regulation (EC) No 40/94 (1) caused by disregard of evidence of the existence of the mark on which opposition is based.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).