CELEX: 62008TN0501
Language: en
Date: 2008-11-18 00:00:00
Title: Case T-501/08: Action brought on 18 November 2008 — NEC Display Solutions Europe v OHIM — C More Entertainment (see more)

24.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/34
            
         Action brought on 18 November 2008 — NEC Display Solutions Europe v OHIM — C More Entertainment (see more)
   (Case T-501/08)
   (2009/C 19/63)
   Language in which the application was lodged: English
   Parties
   
      Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: C More Entertainment AB (Stockholm, Sweden)
   Form of order sought
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 August 2008 in case R 1388/2007-4 and reject the opposition;
            
         
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               Order OHIM to pay the costs; and
            
         
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               Order the other party to the proceedings before the Board of Appeal to pay the costs, should it become an intervener in this case.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘see more’ for goods in class 9 — application No 4 034 741
   
      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: Danish trade mark registration No VR 2004 01590 of the word mark ‘CMORE’ for goods and services in classes 9, 16, 35, 38 and 41; Finish trade mark registration No 231 366 of the word mark ‘CMORE’ for goods and services in classes 9, 16, 35, 38 and 41
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned.