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Document C2006/121/31

Case T-105/06: Action brought on 7 April 2006 — InterVideo v OHIM

SL C 121, 20.5.2006, p. 17–17 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

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

—

Annul the decision of the Board of Appeal of 31 January 2006;

—

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.

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