CELEX: 62009TN0155
Language: en
Date: 2009-04-15 00:00:00
Title: Case T-155/09: Action brought on 15 April 2009 — Maxcom v OHIM — Maxdata Computer (maxcom)

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/42
            
         Action brought on 15 April 2009 — Maxcom v OHIM — Maxdata Computer (maxcom)
   (Case T-155/09)
   2009/C 153/83
   Language in which the application was lodged: Polish
   
      Parties
   
   
      Applicant: Maxcom sp. z o.o. (Tychy, Poland) (represented by: P. Kral, 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: Maxdata Computer GmbH & Co. KG (Marl, Germany)
   
      Form of order sought
   
   
               —
            
            
               annul the decision of the Second Board of Appeal of OHIM of 30 January 2009 in Case R 1019/2008-2, served upon the applicant on 16 February 2009;
            
         
               —
            
            
               order OHIM and the intervener to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: graphic trade mark ‘maxcom’ for goods in Classes 9 and 11
   
      Proprietor of the mark or sign cited in the opposition proceedings: Maxdata Computer GmbH & Co. KG
   
      Mark or sign cited in opposition: national word mark ‘max’ registered in Germany for services in Classes 38 and 42 and certain goods in Class 9
   
      Decision of the Opposition Division: opposition upheld in relation to goods in Class 9
   
      Decision of the Board of Appeal: dismissal of the appeal brought by the applicant
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009) (1)
   
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).