Source: EURLEX
Language: en
Format: md

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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

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

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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; |

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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; |

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| — | order the intervener 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

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)](#ntr1-C_2009282EN.01004902-E0001), since there is no likelihood of confusion between the trade marks at issue

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