CELEX: C2005/171/41
Language: en
Date: 2005-07-09 00:00:00
Title: Case T-157/05: Action brought on 25 April 2005 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/25
            
         Action brought on 25 April 2005 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-157/05)
   (2005/C 171/41)
   Language in which the application was submitted: German
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 25 April 2005 by Deutsche Telekom AG, established in Bonn (Germany), represented by J.-C. Gaedertz, lawyer.
   PCS Systemtechnik GmbH, established in Munich (Germany), was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 9 February 2005 in appeal proceedings R 248/2004-2;
            
         
               —
            
            
               order the defendant to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
               Applicant for Community trade mark:
            
            
               The applicant
            
         
               Community trade mark concerned:
            
            
               Word mark ‘T-PCS’ for goods and services in Classes 9, 16, 36, 38, 41 and 42 (application no 1077304).
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               PCS Systemtechnik GmbH
            
         
               Mark or sign cited in opposition:
            
            
               Word mark ‘PCS’ for goods and services in Classes 9, 37 and 42 (Community trade mark No 628149).
            
         
               Decision of the Opposition Division:
            
            
               Opposition allowed and application no 1077304 refused.
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed.
            
         
               Pleas in law:
            
            
               The decision of the Board of Appeal infringes the final half-sentence of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, there being no likelihood of confusion between the marks being compared.