Source: EURLEX
Language: en
Format: md

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| 11.8.2014 | EN | Official Journal of the European Union | C 261/30 |

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Action brought on 20 May 2014 — Construlink/OHIM — Wit-Software (GATEWIT)

(Case T-351/14)

2014/C 261/54

Language in which the application was lodged: English

Parties

Applicant: Construlink — Tecnologias de Informação, SA (Lisboa, Portugal) (represented by: M. Lopes Rocha, lawyer)

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

Other party to the proceedings before the Board of Appeal: Wit-Software, Consultoria e Software para a Internet Móvel, SA (Coimbra, Portugal)

Form of order sought

The applicant claims that the Court should:

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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 2014 in Case R 1059/2013-1; |

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| — | Consider the trade mark application No 10 128 262 GATEWIT fully sustained; |

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| — | Order the OHMI and the Opponent to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘GATEWIT’ for services in Class 42 — Community trade mark applicationNo 10 128 262

Proprietor of the mark or sign cited in the opposition proceedings: Wit-Software, Consultoria e Software para a Internet Móvel, SA

Mark or sign cited in opposition: The figurative mark containing the word elements ‘wit software’ for goods and services in Classes 9, 38 and 42 as well as the national registration of the company name ‘Wit-Software, Consultoria e Software para a Internet Móvel, SA’

Decision of the Opposition Division: The opposition was rejected

Decision of the Board of Appeal: The decision of the Opposition Division was annulled and the trade mark applied for rejected

Pleas in law:

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| — | Violation of Article 8(1)(b) of Regulation No 207/2009; |

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| — | Violation of Article 8(4) of Regulation No 207/2009. |

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