This document is an excerpt from the EUR-Lex website
Document 62009TN0502
Case T-502/09: Action brought on 11 December 2009 — Inovis v OHIM — Sonaecom (INOVIS)
Case T-502/09: Action brought on 11 December 2009 — Inovis v OHIM — Sonaecom (INOVIS)
Case T-502/09: Action brought on 11 December 2009 — Inovis v OHIM — Sonaecom (INOVIS)
OJ C 51, 27.2.2010, p. 35–36
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 11/12/2009
- Date lodged:
- 11/12/2009
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- English
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
-
- 32009R0207: A08P1PTB)
- Link
|
27.2.2010 |
EN |
Official Journal of the European Union |
C 51/35 |
Action brought on 11 December 2009 — Inovis v OHIM — Sonaecom (INOVIS)
(Case T-502/09)
2010/C 51/68
Language in which the application was lodged: English
Parties
Applicant: Inovis, Inc. (Alpharetta, United States) (represented by: R. Black and B. Ladas, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sonaecom — Serviços de Communicações, S.A. (Maia, Portugal)
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 14 September 2009 in case R 1691/2008-1; |
|
— |
Direct the Board of Appeal of the defendant to register the application for the Community trade mark; and |
|
— |
Order the defendant to bear its own costs and those of the applicant. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark “INOVIS”, for goods and services in classes 9, 35, 38 and 42
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: Portuguese trade mark registration of the word mark “NOVIS”, for goods and services in classes 9, 35, 37, 38, 41 and 42
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly: (i) ignored the clear differences between the respective goods and services covered by the trade marks concerned, including that it erroneously considered that the earlier mark covered classes 9 and 42, whereas registration for such classes was refused by the Portuguese Trade mark Office, and that, in any event, such registration was not substantiated during the proceedings; (ii) ignored the clear conceptual differences between the trade marks concerned; and (iii) held that there was a likelihood of confusion between the trade marks concerned.
