CELEX: 62009TN0130
Language: en
Date: 2009-04-02 00:00:00
Title: Case T-130/09: Action brought on 2 April 2009 — Eliza v OHIM — Went Computing Consultancy Group (eliza)

4.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 153/40
            
         Action brought on 2 April 2009 — Eliza v OHIM — Went Computing Consultancy Group (eliza)
   (Case T-130/09)
   2009/C 153/78
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Eliza Corporation (Beverly, United States) (represented by: R. Köbbing, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Went Computing Consultancy Group BV (Utrecht, The Netherlands)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 February 2009 in case R 1244/2008-4; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark “eliza”, for goods and services in classes 9, 37 and 42
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: Community trade mark registration of the word mark “ELISE” for goods and services in classes 9, 16, 35 and 42
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (1) (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its holding that there is a likelihood of confusion between the trade marks concerned on the part of the relevant public
   
      (1)  Replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, OJ L 78, p. 1