CELEX: 62012TN0554
Language: en
Date: 2012-12-21 00:00:00
Title: Case T-554/12: Action brought on 21 December 2012 — Oracle America/OHMI — Aava Mobile (AAVA MOBILE)

2.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 63/22
            
         Action brought on 21 December 2012 — Oracle America/OHMI — Aava Mobile (AAVA MOBILE)
   (Case T-554/12)
   2013/C 63/43
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Oracle America, Inc. (Wilmington, United States) (represented by: M. 2Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Aava Mobile Oy (Oulu, Finland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market in case R 1205/2011-2 dated October 9, 2012;
            
         
               —
            
            
               Order the costs of the proceedings to be borne by the defendant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: the word mark ‘AAVA MOBILE’, for goods and services in classes 9, 38 and 42 — Community trade mark application No 8 715 385)
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 6 551 626 for goods and services in classes 9, 16, 35, 37, 38, 41, 42 et 45
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.