CELEX: 62010TN0144
Language: en
Date: 2010-03-29 00:00:00
Title: Case T-144/10: Action brought on 29 March 2010 — Space Beach Club v OHIM — Flores Gómez (SpS space of sound)

22.5.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 134/49
            
         Action brought on 29 March 2010 — Space Beach Club v OHIM — Flores Gómez (SpS space of sound)
   (Case T-144/10)
   2010/C 134/79
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Space Beach Club SA (San Jorge (Ibiza), Spain) (represented by: A. Alejos Cutuli, 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: Miguel Ángel Flores Gómez (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               annul the decision of the Second Board of Appeal of OHIM and refuse registration of Community trade mark application No 5683693;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Miguel Ángel Flores Gómez
   
      Community trade mark concerned: Figurative mark containing the verbal component ‘SpS space of sound’ (Application No 5 683 693) for goods and services in Classes 9, 35 and 41.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The defendant
   
      Mark or sign cited in opposition: Spanish figurative marks which contain the word element ‘SPACE’ (Nos 2 021 783, 2 610 677, 2 644 838, 2 644 839, 2 654 511, 2 694 428, 2 583 870, 3 175 742 and 4 529 814) for goods and services in Classes 9, 25 and 41.
   
      Decision of the Opposition Division: Opposition rejected.
   
      Decision of the Board of Appeal: Action dismissed.
   
      Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.