Action brought on 31 January 2011 — Truvo Belgium v OHIM — AOL (TRUVO)

(Case T-77/11)

2011/C 95/17

Language in which the application was lodged: English

Parties

Applicant: Truvo Belgium (Antwerp, Belgium) (represented by: O.F.A.W. van Haperen, lawyer)

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

Other party to the proceedings before the Board of Appeal: AOL LLC (Dulles, United States)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘TRUVO’, for goods and services in classes 9, 16, 35, 38, 41 and 42 — Community trade mark application No 5560099

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: Community trade mark registration No 4756169 of the figurative mark ‘TRUVEO’ for services in class 42

Decision of the Opposition Division: Upheld the opposition for all the contested services in class 38 and 42, and rejected the Community trade mark application for all the contested services

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as well as it lacks proper motivation or is otherwise impaired to fulfil lawful demands on European Legal proceedings, as the Board of Appeal erred (i) in its comparison of the services, (ii) in its comparison of the signs, (iii) in its assessment of the relevant public, and (iv) in its assessment of likelihood of confusion.