CELEX: 62012TN0144
Language: en
Date: 2012-03-30 00:00:00
Title: Case T-144/12: Action brought on 30 March 2012 — Comsa v OHIM — COMSA (COMSA)

30.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/20
            
         Action brought on 30 March 2012 — Comsa v OHIM — COMSA (COMSA)
   (Case T-144/12)
   2012/C 194/34
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Comsa, SA (Barcelona, Spain) (represented by: M. Aznar Alonso, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Constructora de obras municipales, SA (COMSA) (Madrid, Spain)
   
      Form of order sought
   
   
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               Uphold the action and declare that points 2, 3 and 5 of the decision of the Second Board of Appeal of 10 January 2012 in Joined Cases R 518/2011-2 and R 795/2011-2 are not consistent with Council Regulation (EC) No 40/94 on the Community trade mark (now Regulation (EC) No 207/2009);
            
         
               —
            
            
               order the defendant and, where appropriate the intervener, to pay all the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Constructora de obras municipales, SA (COMSA)
   
      Community trade mark concerned: Word mark ‘COMSA’ for goods and services in Classes 19, 35, 36, 37, 39 and 42 — Community trade mark application No 7 091 051
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Company name (business name) ‘COMSA S.A.’ and unregistered mark ‘COMSA’
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: The appeals of the applicant and of the defendant upheld in part
   
      Pleas in law: Infringement of Article 8(4) of Regulation No 207/2009