Action brought on 16 November 2009 - CheapFlights International v OHIM - Cheapflights (Cheapflights)

(Case T-461/09)

Language in which the application was lodged: English

Parties

Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

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

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 August 2009 in case R 1607/2007-4;

Dismiss the appeal filed by the other party to the proceedings before the Board of Appeal against the decision of the Opposition Division of the defendant of 10 August 2007 in opposition proceedings B 849 150;

Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal; and

Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal, should it decide to become an intervener in this case.

Pleas in law and main arguments

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

Community trade mark concerned: The figurative mark in black and white "Cheapflights", for services in classes 38, 39, 41, 42, 43 and 44

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

Mark or sign cited: Irish trade mark registration of the figurative sign in colour "CheapFlights", for services in classes 35, 36, 38, 39, 41, 42, 43 and 44; Irish trade mark application of the word mark "CHEAPFLIGHTS", for services in classes 35, 39 and 43; Irish trade mark registration of the word mark "CHEAPFLIGHTS", for services in classes 38, 41, 42 and 44; Irish trade mark registration of the figurative sign "CheapFlights.ie", for service in classes 35, 39, 41, 42 and 43; International trade mark registration of the figurative sign "CheapFlights", for services in classes 35, 38, 39 and 42

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

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition in its entirety

Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was no likelihood of confusion between the trade marks concerned.

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