CELEX: 62010TN0150
Language: en
Date: 2010-03-26 00:00:00
Title: Case T-150/10: Action brought on 26 March 2010 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)

5.6.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/43
            
         Action brought on 26 March 2010 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)
   (Case T-150/10)
   2010/C 148/71
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Loopia AB (Västeras, Sweden)
   
      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 12 January 2010 in case R 1812/2008-1; and
            
         
               —
            
            
               Order the defendant to bear the costs, including those related to the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark “LOOPIA”, for services in class 42
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: German trade mark registrations of the word mark “LOOP”, for goods and services in classes 9, 38 an 42; Community trade mark registration of the word mark “LOOP”, for goods and services in classes 9, 16, 35, 38 ad 42; Community trade mark registration of the word mark “LOOPY”, for goods and services in classes 9, 38 and 42
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods
   
      Decision of the Board of Appeal: Annulled the contested decision, rejected the opposition and allowed the application
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was no likelihood of confusion between the trade marks concerned.