Action brought on 4 September 2009 - mtronix v OHIM - Growth Finance (mtronix)
(Case T -353/09)
Language in which the application was lodged: German
Parties
Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, 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: Growth Finance AG
Form of order sought
annul the contested decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1557/2007-4;
alter the contested decision so that the opposition of Growth Finance AG is not upheld, in the alternative, that that opposition is dismissed and Application No 4 193 661 for the services in Class 9 is upheld and the application is continued also for that class;
order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings;
in the alternative, order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: mtronix OHG
Community trade mark concerned: The word mark 'mtronix' for goods in Classes 9 and 10 (Application No 4 193 661)
Proprietor of the mark or sign cited in the opposition proceedings: Growth Finance AG
Mark or sign cited in opposition: The word mark 'Montronix' for goods and services in Classes 7, 9 and 42 (Community trade mark No 2 762 862), in respect of opposition to the registration for goods in Class 9
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal partially upheld
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
1, since there is no likelihood of confusion between the trade marks at issue
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).