Action brought on 2 April 2009 — Eliza v OHIM — Went Computing Consultancy Group (eliza)

(Case T-130/09)

2009/C 153/78

Language in which the application was lodged: English

Parties

Applicants: Eliza Corporation (Beverly, United States) (represented by: R. Köbbing, lawyer)

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

Other party to the proceedings before the Board of Appeal: Went Computing Consultancy Group BV (Utrecht, The Netherlands)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark “eliza”, for goods and services in classes 9, 37 and 42

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: Community trade mark registration of the word mark “ELISE” for goods and services in classes 9, 16, 35 and 42

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (1) (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its holding that there is a likelihood of confusion between the trade marks concerned on the part of the relevant public

(1)  Replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, OJ L 78, p. 1