Source: EURLEX
Language: en
Format: md

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| 12.1.2013 | EN | Official Journal of the European Union | C 9/38 |

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Action brought on 25 October 2012 — Tridium v OHIM — q-bus Mediatektur (SEDONA FRAMEWORK)

(Case T-467/12)

2013/C 9/70

Language in which the application was lodged: English

Parties

Applicant: Tridium, Inc. (Richmond, Unites States) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: q-bus Mediatektur GmbH (Berlin, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2012 in case R 1943/2011-2; and |

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| — | Order the defendant to bear the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SEDONA FRAMEWORK’, for goods in class 9 — Community trade mark application No 9067372

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: International trade mark registration No 934023 of the figurative mark ‘~sedna’, for goods in class 9

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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