Case T-277/07: Action brought on 20 July 2007 — Secure Computing v OHIM — Investronica (SECUREOS)
Date: 2007-07-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), data protection, information technology industry, trade-mark law

C 235/14

EN

Official Journal of the European Union

6.10.2007

Pleas in law: incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark (1), inasmuch as
it found that the signs in conflict are phonetically, conceptually
and visually different.

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

in law:

Pleas
Article 74(1), in fine, of Regulation (EC) No 40/94 (1).

Infringement of Article 8(1), Article 73 and

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 20 July 2007 — Secure Computing v
OHIM — Investronica (SECUREOS)

Action brought on 18 July 2007 — Sepracor v OHIM —
Laboratorios Ern (LEVENIA)

(Case T-277/07)

(2007/C 235/25)

(Case T-280/07)

(2007/C 235/26)

Language in which the application was lodged: German

Language in which the application was lodged: English

Parties

Parties

Secure

Applicant:
United States)
Kunz-Hallstein, lawyers)

Computing

(Minnesota,
(represented by: H. P. Kunz-Hallstein and R.

Corporation

Applicant: Sepracor,
sented by: E. De Gryse, E. Cornu, D. Moreau, lawyers)

(Malborough, United States)

Inc.

(repre-

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Investronica, SA

to the proceedings before
Other party
Laboratorios Ern, SA (Barcelona, Spain)

the Board of Appeal:

Form of order sought

Form of order sought

— annul the decision of the First Board of Appeal of OHIM of

25 April 2007 in Case R 1063/2006-1;

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The word mark ‘SECUREOS’ for
goods in Class 9 (Application No 2 659 944).

Proprietor of the mark or sign cited in the opposition proceedings:
Investronica, S.A.

Mark or sign cited in opposition: The word mark ‘SECUREURO’
(Community trade mark No 2 126 290) for goods and services
in Classes 7, 9, 16, 35, 36, 37 and 42 and the figurative mark
‘secureuro’ (Community trade mark No 2 418 135) for goods
and services in Classes 7, 9, 16, 35 and 36.

— Annul the decision of the First Board of Appeal of the
Office of Harmonisation in the Internal Market of 18 April
2007 in Case R 155/2006-1;

— order the Office to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: Sepracor, Inc.

Community trade mark concerned: The Community word mark
‘LEVENIA’ for goods in class 5 — application No 2 563 799

Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Ern, SA

Mark or sign cited: The national word mark ‘LEVELINA’ for goods
in classes 1 and 5

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

Decision of the Opposition Division: Grant of the opposition and
rejection of the application.

Decision of the Board of Appeal: Upheld the appeal