CELEX: 62013TN0480
Language: en
Date: 2013-08-30 00:00:00
Title: Case T-480/13: Action brought on 30 August 2013 — You-View.tv/OHMI — YouView TV (YouView+)

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/58
            
         Action brought on 30 August 2013 — You-View.tv/OHMI — YouView TV (YouView+)
   (Case T-480/13)
   2013/C 344/107
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: You-View.tv (Antwerp, Belgium) (represented by: S. Criel, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: YouView TV Ltd (London, United Kingdom)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2013 given in Case R 2112/2012-4;
            
         
               —
            
            
               Order the defendant to pay the costs incurred by the present 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: Word mark ‘YouView+’ for goods and services in Classes 9, 16, 38, 41 and 42 — Community trade mark application No 10 286 061
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Figurative mark in red and white containing verbal elements ‘You View You-View.tv’ for services in Classes 35, 38 and 41 — Benelux trade mark No 838 408
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.