Source: EURLEX
Language: en
Format: md

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| 6.10.2007 | EN | Official Journal of the European Union | C 235/18 |

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Action brought on 31 July 2007 — MIP Metro v OHIM — Metronia (METRONIA)

(Case T-290/07)

(2007/C 235/33)

Language in which the application was lodged: English

Parties

Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate, lawyer)

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

Other party to the proceedings before the Board of Appeal: Metronia, S. A. (Madrid, Spain)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the OHIM of 29 May 2007 in Case R 1315/2006-2 as far as the appeal has been dismissed on the ground that it does not comply with Article 8(1)(b) of Regulation No 40/94; |

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| — | order the defendant to pay the costs, including the costs of the opposition and appeal proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: Metronia, S.A.

Community trade mark concerned: The figurative Community trade mark ‘METRONIA’ for goods in class 9 and goods and services in classes 20, 28 and 41 — application No 3 387 834

Proprietor of the mark or sign cited in the opposition proceedings: MIP Metro Group Intellectual Property GmbH & Co. KG

Mark or sign cited: The national figurative trade mark ‘METRO’ for goods and services in classes 9, 20, 28 and 41, among others

Decision of the Opposition Division: Upheld the opposition and rejected the application in its entirety

Decision of the Board of Appeal: Dismissed the opposition and allowed the application to proceed

Pleas in law: Infringement of Article 8(1)(b) CTMR

The applicant claims that the contested decision is inconsistent with Article 8(1)(b) CTMR insofar as the Board held there was no likelihood of confusion between the conflicting marks, due to a lack of similarity of the signs concerned.

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