Source: EURLEX
Language: en
Format: md

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| 30.9.2006 | EN | Official Journal of the European Union | C 237/10 |

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Action brought on 31 July 2006 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)

(Case T-205/06)

(2006/C 237/18)

Language in which the application was lodged: German

Parties

Applicant: NewSoft Technology Corporation (Taipei, Taiwan) (represented by: M. Dirksen-Schwanenland, lawyer)

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

Other party/parties to the proceedings before the Board of Appeal of OHIM: Soft, S.A.

Form of order sought

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| — | Annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 19 May in Case R 601/2005, notified on 30 May 2006; |

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| — | Rejection of the application for a declaration of invalidity of the registration of European Community trade mark No 002625457 ‘Presto! BizCard Reader’ made by Soft, S.A., Spain. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘Presto! BizCard Reader’ for goods and services in Classes 9, 16 and 42 (Community trade mark No 2625457).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: SOFT, S.A.

Trade mark right of applicant for the declaration: Spanish figurative marks ‘Presto’ for goods and services in Classes 9 and 42.

Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark.

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

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2006237EN.01001001-E0001), since it is not established that there is a likelihood of confusion between the conflicting trade marks.

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