Case T-92/05: Action brought on 25 February 2005 by Movingpeople.net International B.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), facilities for people with disabilities, trade-mark law

C 115/26

EN

Official Journal of the European Union

14.5.2005

Action brought on 25 February 2005 by Movingpeople.net
International B.V. against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Thomas Schäfer

(Case T-92/05)

(2005/C 115/48)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 25
February 2005 by Movingpeople.net International B.V., estab-
lished in Helmond (The Netherlands), represented by G.S.C.M.
van Roeyen and T. Berendsen, lawyers.

Thomas Schäfer, residing in Schashagen (Germany) was also a
party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the contested decision to the extent that Community
trademark application No 1 997 733 will be accepted for
all goods applied for in classes 10, 12 and 20;

Trade mark or
cited in opposition:

sign

The national word mark ‘MOVING
PEOPLE’ for goods and services in
classes 12 and 37 (Vehicles; flight
operated
electrical
apparatus,
wheelchairs
and patient wheel-
chairs,...)

Decision of the Opposi-
tion Division:

Rejection of the Community trade
mark application for the contested
goods

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Violation of Article 8(1)(b) of
Council Regulation No 40/94

Action brought on 16 February 2005 by Monte di
Massima s.a.s. di Pruneddu Leonardo & C. against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

(Case T-96/05)

(2005/C 115/49)

— order OHIM and/or the opponent to pay the costs.

(Language of the case: Italian)

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

Movingpeople.net
B.V.

International

The figurative mark ‘movingpeo-
ple.net’ for goods in classes 10, 12
and 20 (Vehicles; apparatus for
by
locomotion
or
the aforesaid goods
water,...; all
disabled
specially made
persons
persons
requiring assistance;...) — applica-
tion No 1 997 733

for
other

land,

and

air

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 16
February 2005 by Monte di Massima s.a.s. di Pruneddu
Leonardo & C., represented by Ennio Masu and Paola Ales-
sandra E. Pittalis, lawyers.

The other party to the proceedings before the Board of Appeal
was J. M. Höffele Internationale Handelsgesellschaft.

The applicant claims that the Court should:

1. declare that the decision of 24 November 2004 of the
Board of Appeal of the Office for Harmonisation in the
Internal Market
(Trade Marks and Designs) misapplies
Article 15(2)(a) of Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade mark;

2. order the defendant to pay the costs.