This document is an excerpt from the EUR-Lex website
Document 62008TN0501
Case T-501/08: Action brought on 18 November 2008 — NEC Display Solutions Europe v OHIM — C More Entertainment (see more)
Case T-501/08: Action brought on 18 November 2008 — NEC Display Solutions Europe v OHIM — C More Entertainment (see more)
Case T-501/08: Action brought on 18 November 2008 — NEC Display Solutions Europe v OHIM — C More Entertainment (see more)
OJ C 19, 24.1.2009, p. 34–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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24.1.2009 |
EN |
Official Journal of the European Union |
C 19/34 |
Action brought on 18 November 2008 — NEC Display Solutions Europe v OHIM — C More Entertainment (see more)
(Case T-501/08)
(2009/C 19/63)
Language in which the application was lodged: English
Parties
Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: C More Entertainment AB (Stockholm, Sweden)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 August 2008 in case R 1388/2007-4 and reject the opposition; |
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Order OHIM to pay the costs; and |
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Order the other party to the proceedings before the Board of Appeal to pay the costs, should it become an intervener in this case. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘see more’ for goods in class 9 — application No 4 034 741
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: Danish trade mark registration No VR 2004 01590 of the word mark ‘CMORE’ for goods and services in classes 9, 16, 35, 38 and 41; Finish trade mark registration No 231 366 of the word mark ‘CMORE’ for goods and services in classes 9, 16, 35, 38 and 41
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned.