CELEX: 62013TN0591
Language: en
Date: 2013-11-08 00:00:00
Title: Case T-591/13: Action brought on 8 November 2013 — Canal + and Canal + France v OHIM — Euronews (News+)

1.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 31/12
            
         Action brought on 8 November 2013 — Canal + and Canal + France v OHIM — Euronews (News+)
   (Case T-591/13)
   2014/C 31/21
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicants: Canal + SA (Issy-Les-Moulineaux, France) and Canal + France (Issy-Les-Moulineaux) (represented by: L. Barissat, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Euronews (Ecully, France)
   
      Form of order sought
   
   The applicants claim that the General Court should:
   
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               rule that there is a likelihood of confusion or association within the meaning of Article 8(1)(b) of Regulation No 207/2009 between the trade mark applied for, NEWS+, and the earlier French word mark ACTU+ No 063 457 667 in respect of the contested services;
            
         
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               amend paragraphs 23 to 35 of the decision of the Board of Appeal dated 9 September 2013 and refuse registration of the mark NEWS+, applied for in application No 9 141 003;
            
         
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               in the alternative, annul the decision of the Board of Appeal of 9 September 2013, which dismissed the appeal and confirmed, in breach of Article 8(1)(b) of Regulation No 207/2009, the contested decision rejecting the opposition filed against the application for a Community trade mark NEWS+ No 9 141 003 on the basis of the earlier mark ACTU+ No 063 457 667.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Euronews
   
      Community trade mark concerned: Word mark ‘News+’ for services in Classes 35, 38 and 41 — Community trade mark application No 9 141 003
   
      Proprietors of the mark or sign cited in the opposition proceedings: The applicants
   
      Mark or sign cited in opposition: French trade mark ‘ACTU+’ for goods and services in Classes 9, 28, 35, 38, 39 and 41
   
      Decision of the Opposition Division: Opposition rejected
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.