CELEX: 62008TN0347
Language: en
Date: 2008-08-20 00:00:00
Title: Case T-347/08: Action brought on 20 August 2008 — iTouch International v OHIM — Touchnet Information Systems (iTouch)

25.10.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 272/43
            
         Action brought on 20 August 2008 — iTouch International v OHIM — Touchnet Information Systems (iTouch)
   (Case T-347/08)
   (2008/C 272/85)
   Language in which the application was lodged: English
   Parties
   
      Applicant: iTouch International plc (London, United Kingdom) (represented by: T. Alkin, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Touchnet Information Systems, Inc. (Lenexa, United States)
   Form of order sought
   
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               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2008 in case R 493/2007-2;
            
         
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               In the alternative, annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2008 in case R 493/2007-2 to such extent as the court may deem fit; and
            
         
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               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘iTouch’ for services in classes 38 and 42
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: Community trade mark registration No 1 449 503 of the word mark ‘TOUCHNET’ for goods and services in classes 9, 37 and 42
   
      Decision of the Opposition Division: Upheld the opposition 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 erred in its finding that there exists a likelihood of confusion between the conflicting trade marks.