Source: EURLEX
Language: en
Format: md

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| 5.7.2008 | EN | Official Journal of the European Union | C 171/43 |

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Action brought on 13 May 2008 — Messe Düsseldorf v OHIM — Canon Communications (MEDTEC)

(Case T-173/08)

(2008/C 171/83)

Language in which the application was lodged: English

Parties

Applicant: Messe Düsseldorf GmbH (Düsseldorf, Germany) (represented by: I. Friedhoff, lawyer)

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

Other party to the proceedings before the Board of Appeal: Canon Communications LLC (Los Angeles, United States)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2008 in case R 0989/2005-1; and |

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| — | order OHIM/the other party to the proceedings before the Board of Appeal to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘MEDTEC’ for goods and services in classes 16, 35 and 41 — application No 2 885 853

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The national word trade mark ‘Metec’ for goods and services in classes 16, 35, 37, 38, 41 and 42; the international word trade mark ‘Metec’ for goods and services in classes 16, 35, 37, 38, 41 and 42

Decision of the Opposition Division: Upheld the opposition with respect to all goods and services

Decision of the Board of Appeal: Annulment of the contested decision and rejection of the opposition in its entirety

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal was incorrect to allow the appeal and to state that there is no similarity between the trade marks; infringement of Article 62 of Council Regulation No 40/94 as the Board of Appeal rendered a decision on facts which were not subject to appeal.

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