CELEX: 62011TN0227
Language: en
Date: 2011-04-26 00:00:00
Title: Case T-227/11: Action brought on 26 April 2011 — Wall v OHIM — Bluepod Media Worldwide (bluepod media)

2.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/18
            
         Action brought on 26 April 2011 — Wall v OHIM — Bluepod Media Worldwide (bluepod media)
   (Case T-227/11)
   2011/C 194/30
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Wall AG (Berlin, Germany) (represented by: A. Nordemann, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Bluepod Media Worldwide Ltd (London, United Kingdom)
   
      Form of order sought
   
   
               —
            
            
               Partially annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2011 in case R 301/2010-1; and
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘bluepod media’, for goods and services in classes 9, 35, 38 and 41 — Community trade mark application No 6099709
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 5660972 for the figurative mark ‘blue spot’, for services in classes 35, 36, 37 and 38; International trade mark registration No 880800 for the word mark ‘BlueSpot’, for services in classes 35, 37 and 38; German trade mark registration No 30472373 for the word mark ‘BlueSpot’, for services in classes 35, 37 and 38
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Partially allowed the appeal and partially rejected the application. Correspondingly, allowed the application in the remainder and partially rejected the opposition.
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was no likelihood of confusion.