Source: EURLEX
Language: en
Format: md

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| 15.6.2013 | EN | Official Journal of the European Union | C 171/32 |

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Action brought on 8 April 2013 — Imax/OHIM — Himax Technologies (IMAX)

(Case T-198/13)

2013/C 171/60

Language in which the application was lodged: English

Parties

Applicant: Imax Corporation (Mississauga, Canada) (represented by: V. von Bomhard, lawyer, and K. Hughes, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Himax Technologies, Inc. (Tainan County, Taiwan)

Form of order sought

The applicant claims that the Court should:

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| — | Annul OHIM’s Fifth Board of Appeal’s decision of 23 January 2013 in Case R 740/2012-5; and |

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| — | Order that the costs of the proceedings be borne by the defendant and, if the other party in the proceedings before the Board of Appeal intervenes, the intervener. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘IMAX’ for goods in classes 9, 41 and 45 — Community trade mark registration No 9 392 556

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: Community trade mark registrations No 4 411 658 and No 4 411 641 of the figurative mark ‘Himax’ for goods and services in classes 9 and 42

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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