This document is an excerpt from the EUR-Lex website
Document 62010TN0218
Case T-218/10: Action brought on 12 May 2010 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)
Case T-218/10: Action brought on 12 May 2010 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)
Case T-218/10: Action brought on 12 May 2010 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)
SL C 195, 17.7.2010, p. 26–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 12/05/2010
- Author:
- Opći sud
- Form:
- Pravosudna informacija
- Authentic language:
- njemački
|
17.7.2010 |
EN |
Official Journal of the European Union |
C 195/26 |
Action brought on 12 May 2010 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)
(Case T-218/10)
2010/C 195/41
Language in which the application was lodged: German
Parties
Applicant: DHL International GmbH (Bonn, Germany) (represented by: K.-U. Jonas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Service Point Solutions, SA (Barcelona, Spain)
Form of order sought
|
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 February 2010 in Case R 62/2009-2; |
|
— |
Order the defendant and, if appropriate, the other party to the proceedings to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: Figurative mark including the word element ‘SERVICEPOINT’ for goods and services in Classes 16, 20, 35 and 39.
Proprietor of the mark or sign cited in the opposition proceedings: Service Point Solutions, SA
Mark or sign cited in opposition: Figurative mark including the word element ‘Service Point’ for goods and services in Classes 8, 9, 16, 20, 35, 38, 39 and 42; figurative mark including the word element ‘service point’ for goods and services in Class 16; and figurative mark including the word element ‘service point’ for goods and services in Classes 9 and 42.
Decision of the Opposition Division: The opposition was upheld.
Decision of the Board of Appeal: The appeal was dismissed.
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks, and infringement of Article 76(1) and (2) of Regulation (EC) No 207/2009 since the Board of Appeal failed to have regard to various documents.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
