Action brought on 19 September 2011 — Streng v OHIM — Gismondi (PARAMETRICA)

(Case T-495/11)

2011/C 347/67

Language in which the application was lodged: English

Parties

Applicant: Michael Streng (Erding, Germany) (represented by: A. Pappert, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fulvio Gismondi (Roma, Italy)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘PARAMETRICA’, for services in classes 36 and 42 — Community trade mark application No 6048433

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

Mark or sign cited in opposition: German trade mark registration No 30311096 of the word mark ‘parameta’, for services in classes 35, 38, 41 and 42

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the opposition

Pleas in law: Infringement of Rules 19(2) and (3) in connection with Rule 98(1) of Commission Regulation (EC) No 2868/95, as the Board of Appeal wrongly considered that the submitted documents containing WIPO INID codes are not in the language of the proceedings and/or taken together with the translation provided in the writ of 3 November 2008, do not constitute ‘translation’ within the meaning of Rule 98(1) CTMIR.