CELEX: C2007/199/83
Language: en
Date: 2007-08-25 00:00:00
Title: Case T-231/07: Action brought on 29 June 2007 — ITT Manufacturing Enterprises v OHIM — ITT Trademark & Trade (I.T.T.)

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/44
            
         Action brought on 29 June 2007 — ITT Manufacturing Enterprises v OHIM — ITT Trademark & Trade (I.T.T.)
   (Case T-231/07)
   (2007/C 199/83)
   Language in which the application was lodged: English
   Parties
   
      Applicant: ITT Manufacturing Enterprises Inc. (Wilmington, United States) (represented by: F. Delord, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: ITT Trademark & Trade GmbH (Munich, Germany)
   Form of order sought
   The applicant requests the Court to:
   
               —
            
            
               annul the contested decision, uphold decision No 565/2005 and order the defendant to pay the applicant's costs of this appeal; in the alternative
            
         
               —
            
            
               alter the contested decision, uphold decision No 565/2005 and order the defendant to pay the applicant's costs of this appeal.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: ITT Trademark & Trade GmbH
   
      Community trade mark concerned: The Community word mark ‘ITT’ for goods and services in Class 7, 9, and 11 — application No 1152339
   
      Proprietor of the mark or sign cited in the opposition proceedings: ITT Manufacturing Enterprises Inc.
   
      Mark or sign cited: The national figurative trade marks as well as non-registered wellknown trade marks used in the course of trade in the Community containing or consisting of the word element ‘ITT’ for goods and services in a large number of Classes
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Rejected the opposition
   
      Pleas in law: The applicant contests the Board's finding according to which the Opposition Division based its decision on an incorrect mark.