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20.5.2006 |
EN |
Official Journal of the European Union |
C 121/17 |
Action brought on 7 April 2006 — InterVideo v OHIM
(Case T-105/06)
(2006/C 121/31)
Language of the case: English
Parties
Applicant: InterVideo, Inc. (California, USA) (represented by: K. Manhaeve, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the Board of Appeal of 31 January 2006; |
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order the defendant to pay all the costs. |
Pleas in law and main arguments
Community trade mark concerned: The figurative mark ‘WinDVD Creator’ for goods in class 9 — application No 4 106 936
Decision of the examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Violation of Articles 4 and 7(1)(b) and (c) of Council Regulation No 40/94 as the Board of Appeal has defined the relevant public incorrectly. The relevant public is, according to the applicant, the average consumer and not PC users familiar with specific computer language.