CELEX: C2007/129/33
Language: en
Date: 2007-06-09 00:00:00
Title: Case T-105/07: Action brought on 2 April 2007 — MarketTools v OHIM — Optimus-Telecomunicações (ZOOMERANG)

9.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/19
            
         Action brought on 2 April 2007 — MarketTools v OHIM — Optimus-Telecomunicações (ZOOMERANG)
   (Case T-105/07)
   (2007/C 129/33)
   Language in which the application was lodged: English
   Parties
   
      Applicant: MarketTools, Inc. (San Francisco, United-States) (represented by: W. von der Osten-Sacken and A. González Hähnlein, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Optimus-Telecomunicações, SA (Maia, Portugal)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of 25 January 2007 (Appeal No R 253/2006-2);
            
         
               —
            
            
               order Optimus-Telecomunicações S.A. to bear the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘ZOOMERANG ’for goods and services in classes 9, 35 and 42 — application No 1 603 950
   
      Proprietor of the mark or sign cited in the opposition proceedings: Optimus-Telecomunicações, SA
   
      Mark or sign cited: The national word and figurative marks ‘BOOMERANG ’for goods and services in classes 9, 16, 35, 37, 38 and 42
   
      Decision of the Opposition Division: Opposition upheld in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal did not correctly assess the similarity of the goods and services and the trade marks in question.