This document is an excerpt from the EUR-Lex website
Document 62008TN0084
Case T-84/08: Action brought on 18 February 2008 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)
Case T-84/08: Action brought on 18 February 2008 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)
Case T-84/08: Action brought on 18 February 2008 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)
OJ C 116, 9.5.2008, p. 23–23
(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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9.5.2008 |
EN |
Official Journal of the European Union |
C 116/23 |
Action brought on 18 February 2008 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)
(Case T-84/08)
(2008/C 116/42)
Language in which the application was lodged: English
Parties
Applicant: Intesa Sanpaolo SpA (Torino, Italy) (represented by: A. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)
Form of order sought
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Totally alter the decision of the OHIM Fourth Board of Appeal, Case R 138/2006-4, rendered on 19 December 2007 and notified on 27 December 2007; |
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confirm the OHIM Opposition Division's decision dated 12 January 2006, ruling on opposition No B 675 803, as far as it allows application No 3 104 155 COMIT to proceed to registration for classes 35, 36, 41 and 42; |
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alter the OHIM Opposition Division's decision dated 12 January 2006, ruling on opposition No B 675 803, as far as it accepts opposition No B 675 803, in part, for the goods in class 16; |
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as a consequence, reject opposition No B 675 803 in its entirety and allow application No 3 104 155 COMIT to proceed to registration for all the goods and services of classes 16, 35, 36, 41 and 42; |
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order the defendants to bear the costs of the present proceeding, as well as those of the OHIM opposition and appeal proceedings. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘COMIT’ for goods and services in classes 16, 35, 36, 41 and 42 — application No 3 104 155
Proprietor of the mark or sign cited in the opposition proceedings: MIP Metro Group Intellectual Property GmbH & Co. KG
Mark or sign cited: The national figurative mark ‘Comet’ for goods and services in classes 9, 16, 35, 36, 41 and 42
Decision of the Opposition Division: Opposition partially upheld
Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the trade mark application in its entirety
Pleas in law: According to the applicant, there is no likelihood of confusion between the conflicting trade marks.