This document is an excerpt from the EUR-Lex website
Document 62010TN0585
Case T-585/10: Action brought on 17 December 2010 — Aitic Penteo v OHIM — Atos Worldline (PENTEO)
Case T-585/10: Action brought on 17 December 2010 — Aitic Penteo v OHIM — Atos Worldline (PENTEO)
Case T-585/10: Action brought on 17 December 2010 — Aitic Penteo v OHIM — Atos Worldline (PENTEO)
OJ C 63, 26.2.2011, p. 30–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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26.2.2011 |
EN |
Official Journal of the European Union |
C 63/30 |
Action brought on 17 December 2010 — Aitic Penteo v OHIM — Atos Worldline (PENTEO)
(Case T-585/10)
2011/C 63/57
Language in which the application was lodged: English
Parties
Applicant: Aitic Penteo, SA (Barcelona, Spain) (represented by: J. Carbonell, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Atos Worldline SA (Bruxelles, Belgium)
Form of order sought
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Modify the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 23 September 2010 in case R 774/2010-1 and grant the Community trade mark application No 5480561 |
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In the alternative, annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in case R 774/2010-1; and |
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Order the defendant and the other party to the proceedings to pay the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘PENTEO’, for goods and services in classes 9, 38 and 42 — Community trade mark application No 5480561
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: Benelux trade mark registration No 772120 of the word mark ‘XENTEO’ for goods and services in classes 9, 36, 37, 38 and 42; International trade mark registration No 863851 of the word mark ‘XENTEO’ for goods and services in classes 9, 36, 37, 38 and 42
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: The applicant considers that the contested decision infringes: (i) Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits any discrimination, requiring an equal treatment accordingly with the law, (ii) Article 9 of Council Regulation (EC) No 207/2009, as the Board of Appeal disregarded the prior rights of the applicant, (iii) Articles 75 and 76 of Council Regulation (EC) No 207/2009, as the Board of Appeal disregarded facts and evidences submitted in due time by the applicant, and (iv) Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in assessment of likelihood of confusion.