This document is an excerpt from the EUR-Lex website
Document C2006/237/18
Case T-205/06: Action brought on 31 July 2006 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)
Case T-205/06: Action brought on 31 July 2006 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)
Case T-205/06: Action brought on 31 July 2006 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)
JO C 237, 30.9.2006, p. 10–10
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
30.9.2006 |
EN |
Official Journal of the European Union |
C 237/10 |
Action brought on 31 July 2006 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)
(Case T-205/06)
(2006/C 237/18)
Language in which the application was lodged: German
Parties
Applicant: NewSoft Technology Corporation (Taipei, Taiwan) (represented by: M. Dirksen-Schwanenland, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party/parties to the proceedings before the Board of Appeal of OHIM: Soft, S.A.
Form of order sought
— |
Annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 19 May in Case R 601/2005, notified on 30 May 2006; |
— |
Rejection of the application for a declaration of invalidity of the registration of European Community trade mark No 002625457 ‘Presto! BizCard Reader’ made by Soft, S.A., Spain. |
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘Presto! BizCard Reader’ for goods and services in Classes 9, 16 and 42 (Community trade mark No 2625457).
Proprietor of the Community trade mark: The applicant.
Applicant for the declaration of invalidity: SOFT, S.A.
Trade mark right of applicant for the declaration: Spanish figurative marks ‘Presto’ for goods and services in Classes 9 and 42.
Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94 (1), since it is not established that there is a likelihood of confusion between the conflicting trade marks.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).