This document is an excerpt from the EUR-Lex website
Document 62009TN0460
Case T-460/09: Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
Case T-460/09: Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
Case T-460/09: Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
IO C 24, 30.1.2010, p. 58–58
(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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30.1.2010 |
EN |
Official Journal of the European Union |
C 24/58 |
Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
(Case T-460/09)
2010/C 24/103
Language in which the application was lodged: English
Parties
Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cheapflights Ltd (London, United Kingdom)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 August 2009 in case R 1356/2007-4; |
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Dismiss the appeal filed by the other party to the proceedings before the Board of Appeal against the decision of the Opposition Division of the defendant of 22 June 2007 in opposition proceedings B 806 531; |
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Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal; and |
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Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal, should it decide to become an intervener in this case. |
Pleas in law and main arguments
Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark “Cheapflights”, for goods and services in classes 9, 16, 35, 38, 39, 41, 42, 43 and 44
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: Irish trade mark registration of the figurative sign “CheapFlights”, for services in classes 35, 36, 38, 39, 41, 42, 43 and 44; Irish trade mark application of the word mark “CHEAPFLIGHTS”, for services in classes 35, 39 and 43; Irish trade mark registration of the word mark “CHEAPFLIGHTS”, for services in classes 38, 41, 42 and 44; Irish trade mark registration of the figurative sign “CheapFlights.ie”, for service in classes 35, 39, 41, 42 and 43; International trade mark registration of the figurative sign “CheapFlights”, for services in classes 35, 38, 39 and 42
Decision of the Opposition Division: Upheld the opposition partially
Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition in its entirety
Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was no likelihood of confusion between the trade marks concerned.