Action brought on 29 March 2010 - Space Beach Club v OHIM - Flores Gómez (SpS space of sound)

(Case T -144/10)

Language in which the application was lodged: Spanish

Parties

Applicant: Space Beach Club SA (San Jorge (Ibiza), Spain) (represented by: A. Alejos Cutuli, 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: Miguel Ángel Flores Gómez (Madrid, Spain)

Form of order sought

annul the decision of the Second Board of Appeal of OHIM and refuse registration of Community trade mark application No 5683693;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Miguel Ángel Flores Gómez

Community trade mark concerned: Figurative mark containing the verbal component 'SpS space of sound' (Application No 5.683.693) for goods and services in Classes 9, 35 and 41.

Proprietor of the mark or sign cited in the opposition proceedings: The defendant

Mark or sign cited in opposition: Spanish figurative marks which contain the word element 'SPACE' (Nos 2.021.783, 2.610.677, 2.644838, 2.644.839, 2.654.511, 2.694.428, 2.583.870, 3.175.742 and 4.529.814) for goods and services in Classes 9, 25 and 41.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Action dismissed.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.

____________