CELEX: 62009TN0353
Language: en
Date: 2009-09-04 00:00:00
Title: Case T-353/09: Action brought on 4 September 2009 — mtronix v OHIM — Growth Finance (mtronix)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/49
            
         Action brought on 4 September 2009 — mtronix v OHIM — Growth Finance (mtronix)
   (Case T-353/09)
   2009/C 282/95
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Growth Finance AG
   
      Form of order sought
   
   
               —
            
            
               annul the contested decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1557/2007-4;
            
         
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               alter the contested decision so that the opposition of Growth Finance AG is not upheld, in the alternative, that that opposition is dismissed and Application No 4 193 661 for the services in Class 9 is upheld and the application is continued also for that class;
            
         
               —
            
            
               order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings;
            
         
               —
            
            
               in the alternative, order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: mtronix OHG
   
      Community trade mark concerned: The word mark ‘mtronix’ for goods in Classes 9 and 10 (Application No 4 193 661)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Growth Finance AG
   
      Mark or sign cited in opposition: The word mark ‘Montronix’ for goods and services in Classes 7, 9 and 42 (Community trade mark No 2 762 862), in respect of opposition to the registration for goods in Class 9
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Appeal partially upheld
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the trade marks at issue
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).