Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/73 |

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Action brought on 27 August 2009 — Müller-Boré & Partner v OHIM — Popp and Other (MBP)

(Case T -338/09)

2009/C 267/132

Language in which the application was lodged: German

Parties

Applicant: Müller-Boré & Partner (Munich, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM: E. Popp (Munich, Germany), W. E. Sajda (Munich), J. Bohnenberger (Munich), V. Kruspig (Munich)

Form of order sought

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| — | Annulment the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1176/2007-4 and amendment of it so as to reject the appeal and objection in their entirety; |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: the word mark ‘MBP’ for services in Classes 35 and 42 (Application No. 1 407 857)

Proprietor of the mark or sign cited in the opposition proceedings: E. Popp, W. E. Sajda, J. Bohnenberger and V. Kruspig

Mark or sign cited in opposition: the word mark ‘ip\_law@mbp.’ for services in Class 42 (Community Trademark No. 667 105) and the special trade name ‘mbp.de.’ under German trade mark law

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Opposition upheld in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009267EN.01007301-E0001),] since there is no likelihood of confusion between the trade marks at issue.

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