CELEX: 62009TN0502
Language: en
Date: 2009-12-11 00:00:00
Title: Case T-502/09: Action brought on 11 December 2009 — Inovis v OHIM — Sonaecom (INOVIS)

27.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/35
            
         Action brought on 11 December 2009 — Inovis v OHIM — Sonaecom (INOVIS)
   (Case T-502/09)
   2010/C 51/68
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Inovis, Inc. (Alpharetta, United States) (represented by: R. Black and B. Ladas, Solicitors)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Sonaecom — Serviços de Communicações, S.A. (Maia, Portugal)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2009 in case R 1691/2008-1;
            
         
               —
            
            
               Direct the Board of Appeal of the defendant to register the application for the Community trade mark; and
            
         
               —
            
            
               Order the defendant to bear its own costs and those of the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark “INOVIS”, for goods and services in classes 9, 35, 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: Portuguese trade mark registration of the word mark “NOVIS”, for goods and services in classes 9, 35, 37, 38, 41 and 42
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly: (i) ignored the clear differences between the respective goods and services covered by the trade marks concerned, including that it erroneously considered that the earlier mark covered classes 9 and 42, whereas registration for such classes was refused by the Portuguese Trade mark Office, and that, in any event, such registration was not substantiated during the proceedings; (ii) ignored the clear conceptual differences between the trade marks concerned; and (iii) held that there was a likelihood of confusion between the trade marks concerned.