# C_2009282EN.01004902.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/49 |
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21.11.2009

EN

Official Journal of the European Union

C 282/49

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Action brought on 4 September 2009 — mtronix v OHIM — Growth Finance (mtronix)

(Case T-353/09)

2009/C 282/95

Language in which the application was lodged: German

Parties

Parties

Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, 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: Growth Finance AG

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

Form of order sought

Form of order sought

| — | annul the contested decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1557/2007-4; |
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annul the contested decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1557/2007-4;

| — | alter the contested decision so that the opposition of Growth Finance AG is not upheld, in the alternative, that that opposition is dismissed and Application No 4 193 661 for the services in Class 9 is upheld and the application is continued also for that class; |
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alter the contested decision so that the opposition of Growth Finance AG is not upheld, in the alternative, that that opposition is dismissed and Application No 4 193 661 for the services in Class 9 is upheld and the application is continued also for that class;

| — | order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings; |
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order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings;

| — | in the alternative, order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings. |
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in the alternative, order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: mtronix OHG

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘mtronix’ for goods in Classes 9 and 10 (Application No 4 193 661)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Growth Finance AG

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

Mark or sign cited in opposition: The word mark ‘Montronix’ for goods and services in Classes 7, 9 and 42 (Community trade mark No 2 762 862), in respect of opposition to the registration for goods in Class 9

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld in part

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal partially upheld

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the trade marks at issue

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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