Source: EURLEX
Language: en
Format: md

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| 9.5.2008 | EN | Official Journal of the European Union | C 116/23 |

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Action brought on 18 February 2008 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)

(Case T-84/08)

(2008/C 116/42)

Language in which the application was lodged: English

Parties

Applicant: Intesa Sanpaolo SpA (Torino, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

Form of order sought

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| — | Totally alter the decision of the OHIM Fourth Board of Appeal, Case R 138/2006-4, rendered on 19 December 2007 and notified on 27 December 2007; |

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| — | confirm the OHIM Opposition Division's decision dated 12 January 2006, ruling on opposition No B 675 803, as far as it allows application No 3 104 155 COMIT to proceed to registration for classes 35, 36, 41 and 42; |

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| — | alter the OHIM Opposition Division's decision dated 12 January 2006, ruling on opposition No B 675 803, as far as it accepts opposition No B 675 803, in part, for the goods in class 16; |

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| — | as a consequence, reject opposition No B 675 803 in its entirety and allow application No 3 104 155 COMIT to proceed to registration for all the goods and services of classes 16, 35, 36, 41 and 42; |

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| — | order the defendants to bear the costs of the present proceeding, as well as those of the OHIM opposition and appeal proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘COMIT’ for goods and services in classes 16, 35, 36, 41 and 42 — application No 3 104 155

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 mark ‘Comet’ for goods and services in classes 9, 16, 35, 36, 41 and 42

Decision of the Opposition Division: Opposition partially upheld

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the trade mark application in its entirety

Pleas in law: According to the applicant, there is no likelihood of confusion between the conflicting trade marks.

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