Judgment — ECLI:EU:T:2012:40
Date: 2012-02-01
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 4 September 2009 - mtronix v OHIM - Growth Finance (mtronix) (Case T -353/09) Language in which the application was lodged: German Parties Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, 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: Growth Finance AG 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; 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; 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 Applicant for a Community trade mark: mtronix OHG Community trade mark concerned: The word mark 'mtronix' for goods in Classes 9 and 10 (Application No 4 193 661) Proprietor of the mark or sign cited in the opposition proceedings: Growth Finance AG 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 Decision of the Opposition Division: Opposition upheld in part Decision of the Board of Appeal: Appeal partially upheld 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 ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).