CELEX: C2006/121/31
Language: en
Date: 2006-05-20 00:00:00
Title: Case T-105/06: Action brought on  7 April 2006  — InterVideo v OHIM

20.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 121/17
            
         Action brought on 7 April 2006 — InterVideo v OHIM
   (Case T-105/06)
   (2006/C 121/31)
   Language of the case: English
   Parties
   
      Applicant: InterVideo, Inc. (California, USA) (represented by: K. Manhaeve, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the Board of Appeal of 31 January 2006;
            
         
               —
            
            
               order the defendant to pay all the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The figurative mark ‘WinDVD Creator’ for goods in class 9 — application No 4 106 936
   
      Decision of the examiner: Refusal of the application
   Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Violation of Articles 4 and 7(1)(b) and (c) of Council Regulation No 40/94 as the Board of Appeal has defined the relevant public incorrectly. The relevant public is, according to the applicant, the average consumer and not PC users familiar with specific computer language.