Source: EURLEX
Language: en
Format: md

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| 21.12.2013 | EN | Official Journal of the European Union | C 377/16 |

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Action brought on 7 October 2013 — Microsoft v OHIM — Softkinetic Software (KINECT)

(Case T-536/13)

2013/C 377/39

Language in which the application was lodged: English

Parties

Applicant: Microsoft Corp. (Redmond, United States) (represented by: A. Meijboom, lawyer)

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

Other party to the proceedings before the Board of Appeal: Softkinetic Software SA (Brussels, Belgium)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 July 2013 given in Case R 2373/2011-1; |

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| — | Order the defendant to pay the costs of the proceedings; and |

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| — | Order the other party to the proceedings before the Board of Appeal, should it intervene, to pay the costs incurred in the proceedings before the OHIM. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘KINECT’ for goods in Class 9 — Community trade mark application No 9 058 141

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 in opposition: The word mark ‘SOFTKINETIC’ for goods and services in Classes 9, 28, 38, 41 and 42 — International registration No 1 025 034 designating the European Union; the word mark ‘SOFTKINETIC’ for goods and services in classes 9, 28, 38, 41 and 42 — Benelux trade mark registration No 850 946

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision

Pleas in law: Infringement of Articles 8(5) and 8(1)(b) CTMR.

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