Action brought on 8 August 2011 - Giga-Byte Technology v OHIM - Haskins (Gigabyte)

(Case T-451/11)

Language in which the application was lodged: English

Parties

Applicant: Giga-Byte Technology Co., Ltd (Taipei, Taiwan) (represented by: F. Schwerbrock, lawyer)

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

Other party to the proceedings before the Board of Appeal: Robert A. Haskins (Pennsylvania, USA)

Form of order sought

Dismiss the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 May 2011 in case R 2047/2010-2, as well as the decision of the Opposition Division

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "Gigabyte", for goods and services in classes 9, 35, 37 and 42 - Community trade mark application No 5550009

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 registration No 4954095 of the word mark "GIGABITER", for services in classes 39, 40 and 42

Decision of the Opposition Division: Upheld the opposition for part of the contested services

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Section 9(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly concluded that the contested services in classes 37 and 42 are similar to the opponent's services in class 42.

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