do-me/EUR-LEX huggingface dataset:
Case T-393/09: Action brought on 2 October 2009 — NEC Display Solutions Europe v OHIM — Nokia (NaViKey)
Date: 2009-10-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), computer, computer equipment, trade-mark law








C_2009297EN.01002601.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/26





Action brought on 2 October 2009 — NEC Display Solutions Europe v OHIM — Nokia (NaViKey)
(Case T-393/09)
2009/C 297/38
Language in which the application was lodged: English

Parties


Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Nokia Corp. (Helsinki, Finland)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 June 2009 in case R 1143/2008-2;










—


Dismiss the opposition filed by the other party to the proceedings before the Board of Appeal against the registration of the Community trade mark concerned;










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Order OHIM to pay the costs, including those incurred by the applicant before the Board of Appeal; and










—


Order the other party to the proceedings before the Board of Appeal to pay the costs, including those incurred by the applicant before the Board of Appeal, should it become an intervener in this case.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “NaViKey” for goods in class 9

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration of the word mark “NAVI” for goods and services in classes 9 and 38; Finish trade mark registration of the word mark “NAVI” for goods in class 9

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

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal: (i) erred when determining the relevant public whose perception must be taken into account; (ii) erred when assessing the similarity between the trade marks concerned and the goods covered; and (iii) failed to take into account that the other party to the proceedings before the Board of Appeal is not entitled to prohibit the use of later trade marks containing the element “NAVI”, as a result of the lack of distinctiveness of such or of low degree of distinctiveness, and therefore not entitled to rely on Article 8(1)(b) of Council Regulation 207/2009 to obtain the rejection of the application for the Community trade mark concerned; infringement of Article 75 of Council Regulation No 207/2009 as the Board of Appeal failed to state reasons for its finding that there was a likelihood of confusion between the trade marks concerned.
Non-opposition to a notified concentration (Case COMP/M.5619 — Bidvest/Nowaco Group) Text with EEA relevance
Date: 2009-10-02
Institutions: European Commission
Subjects: catering industry, disclosure of information, distributive trades, economic concentration, foodstuff, human nutrition, international trade, merger control, provision of services, restrictive-practice authorisation, wholesale trade








C_2009237EN.01000301.xml










2.10.2009   


EN


Official Journal of the European Union


C 237/3





Non-opposition to a notified concentration
(Case COMP/M.5619 — Bidvest/Nowaco Group)
(Text with EEA relevance)
2009/C 237/02
On 25 September 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5619. EUR-Lex is the on-line access to the European law.