5.5.2014   

EN

Official Journal of the European Union

C 135/52


Action brought on 11 February 2014 — Vimeo v OHIM — PT Comunicações (VIMEO)

(Case T-96/14)

2014/C 135/67

Language in which the application was lodged: English

Parties

Applicant: Vimeo LLC (New York, United States) (represented by: A. Poulter and M. Macdonald, Solicitors)

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

Other party to the proceedings before the Board of Appeal: PT Comunicações, SA (Lisbon, Portugal)

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 (Trade Marks and Designs) of 27 November 2013 given in Case R 1092/2013-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘VIMEO’ for services in Classes 38, 41 and 42 — Community trade mark application No 9 843 061

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 in opposition: The figurative mark containing the verbal element ‘meo’ for goods and services in Classes 9, 16, 35, 37, 38, 41 and 42

Decision of the Opposition Division: Upheld the opposition in entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Article 8(1)(b) CTMR.