CELEX: 62014TN0351
Language: en
Date: 2014-05-20 00:00:00
Title: Case T-351/14: Action brought on 20 May 2014 — Construlink/OHIM — Wit-Software (GATEWIT)

11.8.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/30
            
         Action brought on 20 May 2014 — Construlink/OHIM — Wit-Software (GATEWIT)
   (Case T-351/14)
   2014/C 261/54
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Construlink — Tecnologias de Informação, SA (Lisboa, Portugal) (represented by: M. Lopes Rocha, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Wit-Software, Consultoria e Software para a Internet Móvel, SA (Coimbra, Portugal)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1059/2013-1;
            
         
               —
            
            
               Consider the trade mark application No 10 128 262 GATEWIT fully sustained;
            
         
               —
            
            
               Order the OHMI and the Opponent to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: Word mark ‘GATEWIT’ for services in Class 42 — Community trade mark applicationNo 10 128 262
   
      Proprietor of the mark or sign cited in the opposition proceedings: Wit-Software, Consultoria e Software para a Internet Móvel, SA
   
      Mark or sign cited in opposition: The figurative mark containing the word elements ‘wit software’ for goods and services in Classes 9, 38 and 42 as well as the national registration of the company name ‘Wit-Software, Consultoria e Software para a Internet Móvel, SA’
   
      Decision of the Opposition Division: The opposition was rejected
   
      Decision of the Board of Appeal: The decision of the Opposition Division was annulled and the trade mark applied for rejected
   
      Pleas in law:
   
   
               —
            
            
               Violation of Article 8(1)(b) of Regulation No 207/2009;
            
         
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               Violation of Article 8(4) of Regulation No 207/2009.