CELEX: 62010TN0218
Language: en
Date: 2010-05-12 00:00:00
Title: Case T-218/10: Action brought on 12 May 2010 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)

17.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 195/26
            
         Action brought on 12 May 2010 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)
   (Case T-218/10)
   2010/C 195/41
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: DHL International GmbH (Bonn, Germany) (represented by: K.-U. Jonas, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Service Point Solutions, SA (Barcelona, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 February 2010 in Case R 62/2009-2;
            
         
               —
            
            
               Order the defendant and, if appropriate, the other party to the proceedings to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: Figurative mark including the word element ‘SERVICEPOINT’ for goods and services in Classes 16, 20, 35 and 39.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Service Point Solutions, SA
   
      Mark or sign cited in opposition: Figurative mark including the word element ‘Service Point’ for goods and services in Classes 8, 9, 16, 20, 35, 38, 39 and 42; figurative mark including the word element ‘service point’ for goods and services in Class 16; and figurative mark including the word element ‘service point’ for goods and services in Classes 9 and 42.
   
      Decision of the Opposition Division: The opposition was upheld.
   
      Decision of the Board of Appeal: The appeal was dismissed.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks, and infringement of Article 76(1) and (2) of Regulation (EC) No 207/2009 since the Board of Appeal failed to have regard to various documents.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).