# C_2011055EN.01003001.xml

| 19.2.2011 | EN | Official Journal of the European Union | C 55/30 |
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19.2.2011

EN

Official Journal of the European Union

C 55/30

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Action brought on 21 December 2010 — macros consult GmbH v OHIM (makro)

(Case T-579/10)

2011/C 55/54

Language in which the application was lodged: German

Parties

Parties

Applicant: macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie (Ottobrunn, Germany) (represented by: T. Raible, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

The applicant claims that the General Court should

| — | Alter the decision of the Fourth Board of Appeal of OHIM given on 18 October 2010 in Case R 339/2009-4 so that the appeal brought by the applicant before the Board of Appeal is well-founded and therefore the application for a declaration of invalidity is granted; |
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Alter the decision of the Fourth Board of Appeal of OHIM given on 18 October 2010 in Case R 339/2009-4 so that the appeal brought by the applicant before the Board of Appeal is well-founded and therefore the application for a declaration of invalidity is granted;

| — | Order OHIM and MIP Metro Group to pay the costs incurred in the invalidity proceedings, appeal proceedings and the present proceedings. |
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Order OHIM and MIP Metro Group to pay the costs incurred in the invalidity proceedings, appeal proceedings and the present proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘makro’ and registered in respect of goods and services in classes 1 to 42.

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: MIP Metro Group Intellectual Property GmbH & Co. KG.

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: The applicant.

Applicant for the declaration of invalidity:

Trade mark right of applicant for the declaration: Application for a declaration of invalidity under Article 53(1)(c) and Article 53(2) of Regulation (EC) No 207/2009 (1) brought against the registered goods and services in classes 9, 35, 36 and 41.

Trade mark right of applicant for the declaration:

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Decision of the Cancellation Division: Rejection of the application.

Decision of the Cancellation Division:

Decision of the Board of Appeal: Rejection of the appeal.

Decision of the Board of Appeal:

Pleas in law: Breach of Article 53(1)(c) and Article 53(2) and Article 8(4) of Regulation (EC) No 207/2009, as the applicant used the designation ‘macros Consult’ as its name and business name/trade name already prior to the date of filing the application for the contested trade mark and therefore has a prior right under the first sentence of Paragraph 5(2) of the Law on trade marks (Markengesetz).

Pleas in law:

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(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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