Action brought on 30 August 2013 – You-View.tv/OHMI – YouView TV (YouView+)

(Case T-480/13)

Language in which the application was lodged: English

Parties

Applicant: You-View.tv (Antwerp, Belgium) (represented by: S. Criel, lawyer)

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

Other party to the proceedings before the Board of Appeal: YouView TV Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2013 given in Case R 2112/2012-4;

Order the defendant to pay the costs incurred by the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: Word mark “YouView+” for goods and services in Classes 9, 16, 38, 41 and 42 – Community trade mark application No 10 286 061

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

Mark or sign cited in opposition: Figurative mark in red and white containing verbal elements “You View You-View.tv” for services in Classes 35, 38 and 41 – Benelux trade mark No 838 408

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.