Source: EURLEX
Language: en
Format: md

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| 6.10.2007 | EN | Official Journal of the European Union | C 235/22 |

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Action brought on 6 August 2007 — Motopress v OHIM — Sony Computer Entertainment Europe (BUZZ!)

(Case T-302/07)

(2007/C 235/41)

Language in which the application was lodged: German

Parties

Applicant: Motopress Werbe- und Verlagsgesellschaft mbH (Vienna, Austria) (represented by: L. Wiltschek, 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: Sony Computer Entertainment Europe Limited

Form of order sought

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| — | Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 June 2007 (Appeal No R 1468/2006-2) to the extent required in order to grant the opposition to trade mark Application No 4 441 044; |

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| — | In the alternative, annul the contested decision and refer the case back to the Office for Harmonisation in the Internal Market; |

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| — | Order the Office for Harmonisation in the Internal Market to pay the costs of the appeal proceedings and of the proceedings before the Court of First Instance. |

Pleas in law and main arguments

Applicant for a Community trade mark: Sony Computer Entertainment Europe Limited

Community trade mark concerned: the figurative mark ‘BUZZ!’ for goods and services in classes 9, 16, 28 and 41 (Application No 4 441 044).

Proprietor of the mark or sign cited in the opposition proceedings: the Applicant.

Mark or sign cited in opposition: Austrian word mark ‘BUZZ!’ for goods and services in classes 9, 16, 35 and 38.

Decision of the Opposition Division: rejection of the opposition.

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

Pleas in law: Infringement of Article 74(2) of Regulation (EC) No 40/94[(1)](#ntr1-C_2007235EN.01002202-E0001) caused by disregard of evidence of the existence of the mark on which opposition is based.

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