CELEX: 62010TN0585
Language: en
Date: 2010-12-17 00:00:00
Title: Case T-585/10: Action brought on 17 December 2010 — Aitic Penteo v OHIM — Atos Worldline (PENTEO)

26.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/30
            
         Action brought on 17 December 2010 — Aitic Penteo v OHIM — Atos Worldline (PENTEO)
   (Case T-585/10)
   2011/C 63/57
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Aitic Penteo, SA (Barcelona, Spain) (represented by: J. Carbonell, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Atos Worldline SA (Bruxelles, Belgium)
   
      Form of order sought
   
   
               —
            
            
               Modify the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 23 September 2010 in case R 774/2010-1 and grant the Community trade mark application No 5480561
            
         
               —
            
            
               In the alternative, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in case R 774/2010-1; and
            
         
               —
            
            
               Order the defendant and the other party to the proceedings to pay 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 ‘PENTEO’, for goods and services in classes 9, 38 and 42 — Community trade mark application No 5480561
   
      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: Benelux trade mark registration No 772120 of the word mark ‘XENTEO’ for goods and services in classes 9, 36, 37, 38 and 42; International trade mark registration No 863851 of the word mark ‘XENTEO’ for goods and services in classes 9, 36, 37, 38 and 42
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: The applicant considers that the contested decision infringes: (i) Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits any discrimination, requiring an equal treatment accordingly with the law, (ii) Article 9 of Council Regulation (EC) No 207/2009, as the Board of Appeal disregarded the prior rights of the applicant, (iii) Articles 75 and 76 of Council Regulation (EC) No 207/2009, as the Board of Appeal disregarded facts and evidences submitted in due time by the applicant, and (iv) Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in assessment of likelihood of confusion.