CELEX: 62010TN0026
Language: en
Date: 2010-01-25 00:00:00
Title: Case T-26/10: Action brought on 25 January 2010 — Alibaba Group v OHIM — allpay.net (ALIPAY)

17.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 100/45
            
         Action brought on 25 January 2010 — Alibaba Group v OHIM — allpay.net (ALIPAY)
   (Case T-26/10)
   2010/C 100/69
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Alibaba Group Holding Limited (Grand Cayman, Cayman Islands) (represented by: M. Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: allpay.net.Limited (Hereford, United Kingdom)
   
      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 5 November 2009 in case R 1790/2008-1, as far as the appeal was dismissed; and
            
         
               —
            
            
               Order the defendant 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 ‘ALIPAY’, for goods and services in classes 9, 35, 36, 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 of the word mark ‘ALLPAY’, for goods and services in classes 9, 36, 40 and 42; United Kingdom trade mark registration of the word mark ‘ALLPAY.NET’, for goods and services in classes 9, 16, 36, 38 and 42; United Kingdom trade mark registration of a series of word marks containing the word ‘ALLPAY’, for goods and services in classes 9, 36, 40 and 42; unregistered earlier marks or signs containing the word ‘ALLPAY’, used in the course of trade in the United Kingdom
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods and services
   
      Decision of the Board of Appeal: Dismissed the appeal partially
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal wrongly found that there was likelihood of confusion between the trade marks concerned.