Source: EURLEX
Language: en
Format: md

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| 14.4.2007 | EN | Official Journal of the European Union | C 82/44 |

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Action brought on 12 February 2007 — Zipcar v OHIM — Canary Islands Car (ZIPCAR)

(Case T-36/07)

(2007/C 82/94)

Language in which the application was lodged: English

Parties

Applicant: Zipcar, Inc. (Cambridge, USA) (represented by: M. Elmslie, Solicitor, and N. Saunders, Barrister)

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

Other party to the proceedings before the Board of Appeal: Canary Islands Car SL (Lanzarote, Spain)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal dated 30 November 2006 in its entirety and remit the application to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to allow it to proceed; |

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| — | order that the Office pay the applicant's costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ZIPCAR ’for goods and services in classes 9, 39 and 42 — application No 3 139 375

Proprietor of the mark or sign cited in the opposition proceedings: Canary Islands Car SL

Mark or sign cited: The national word mark ‘CICAR ’for services in class 39

Decision of the Opposition Division: Opposition upheld in relation to the contested services in class 39

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) of Council Regulation No 40/94 as there was no likelihood of confusion and the Board of Appeal failed to reach proper conclusions about both the nature of the average consumer of the relevant services and the nature of the relevant market.

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