Notice for the OJ

 

Action brought on 17 November 2003 by Reti Televisive Italiane - RTI against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-384/03)

Language of the case: Italian

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 17 November 2003 by Reti Televisive Italiane - RTI, represented by Giorgio Floridia and Raffaella Floridia, lawyers.

Microarea SpA was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

annul the decision of 11 September 2003 of the First Board of Appeal; or

in the alternative, interpret the decision of the Opposition Division No 2637/2002 of 30 August 2002 on Opposition No B321994 to the effect that it does not preclude the valid registration of the trade mark "Jumpy" to distinguish it from the similarly-named Internet portal;

make an order pursuant to Article 87(2) of the Rules of Procedure requiring the defendant, as the unsuccessful party, to pay the costs.

Pleas in law and main arguments:

Applicant for registration of the Community trade mark:Europortal Italia SpA, succeeded by the applicant

Community trade mark sought:Word mark "Jumpy" - registration application No 1.332.006, registration sought in respect of a number of goods in Classes 9 and 16

Proprietor of mark or sign cited in the opposition proceedings:Microarea SpA

Mark or sign cited in opposition.Italian word mark "Jump" for goods in Classes 9 and 16

Decision of the Opposition Division:Opposition upheld and application rejected

Decision of the Board of Appeal:Appeal dismissed

Pleas in law:Misapplication of Article 8(1)(b) of Regulation No 40/94 ("likelihood of confusion")

____________