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Document 62009TN0155

Case T-155/09: Action brought on 15 April 2009 — Maxcom v OHIM — Maxdata Computer (maxcom)

SL C 153, 4.7.2009, p. 42–42 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

4.7.2009   

EN

Official Journal of the European Union

C 153/42

Action brought on 15 April 2009 — Maxcom v OHIM — Maxdata Computer (maxcom)

(Case T-155/09)

2009/C 153/83

Language in which the application was lodged: Polish

Parties

Applicant: Maxcom sp. z o.o. (Tychy, Poland) (represented by: P. Kral, 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: Maxdata Computer GmbH & Co. KG (Marl, Germany)

Form of order sought

—

annul the decision of the Second Board of Appeal of OHIM of 30 January 2009 in Case R 1019/2008-2, served upon the applicant on 16 February 2009;

—

order OHIM and the intervener to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: graphic trade mark ‘maxcom’ for goods in Classes 9 and 11

Proprietor of the mark or sign cited in the opposition proceedings: Maxdata Computer GmbH & Co. KG

Mark or sign cited in opposition: national word mark ‘max’ registered in Germany for services in Classes 38 and 42 and certain goods in Class 9

Decision of the Opposition Division: opposition upheld in relation to goods in Class 9

Decision of the Board of Appeal: dismissal of the appeal brought by the applicant

Pleas in law: infringement of Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009) (1)

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

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