Document ID: docfile:18e2ad77-b4c2-499f-b154-e7ade608f10e
Source Database: eurlex_case_law
Source URL: https://eur-lex.europa.eu/legal-content/AUTO/?uri=CELEX:62010TN0150&qid=1741630479018&rid=83330
Title: Case T-150/10: Action brought on 26 March 2010 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)
Date: 2010-03-26T01:00:00.000+01:00
Metadata: {"title": "Case T-150/10: Action brought on 26 March 2010 \u2014 Telef\u00f3nica O2 Germany v OHIM \u2014 Loopia (LOOPIA)", "celex": "62010TN0150", "date_of_document": "2010-03-26T00:00:00.000Z", "ecli": "ECLI:EU:UNKNOWN:62010TN0150", "author": "General Court", "form": "Judicial information"}

#### 5.6.2010   

EN

#### Official Journal of the European Union

#### C 148/43

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# Action brought on 26 March 2010 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)

(Case T-150/10)

2010/C 148/71

Language in which the application was lodged: English

## **Parties**

*Applicant: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)*

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Loopia AB (Västeras, Sweden)

## **Form of order sought**

    Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 January 2010 in case R 1812/2008-1; and

    Order the defendant to bear the costs, including those related to the appeal proceedings.

## **Pleas in law and main arguments**

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark “LOOPIA”, for services in class 42

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registrations of the word mark “LOOP”, for goods and services in classes 9, 38 an 42; Community trade mark registration of the word mark “LOOP”, for goods and services in classes 9, 16, 35, 38 ad 42; Community trade mark registration of the word mark “LOOPY”, for goods and services in classes 9, 38 and 42

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Annulled the contested decision, rejected the opposition and allowed the application

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was no likelihood of confusion between the trade marks concerned.

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