Action brought on 8 April 2013 - Imax/OHIM - Himax Technologies (IMAX)

(Case T-198/13)

Language in which the application was lodged: English

Parties

Applicant: Imax Corporation (Mississauga, Canada) (represented by: V. von Bomhard, lawyer, and K. Hughes, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Himax Technologies, Inc. (Tainan County, Taiwan)

Form of order sought

The applicant claims that the Court should:

Annul OHIM's Fifth Board of Appeal's decision of 23 January 2013 in Case R 740/2012-5; and

Order that the costs of the proceedings be borne by the defendant and, if the other party in the proceedings before the Board of Appeal intervenes, the intervener.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "IMAX" for goods in classes 9, 41 and 45 - Community trade mark registration No 9 392 556

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 in opposition: Community trade mark registrations No 4 411 658 and No 4 411 641 of the figurative mark "Himax" for goods and services in classes 9 and 42

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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