Notice for the OJ

 

Action brought on 25 February 2005 by Movingpeople.net International B.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-92/05)

    Language in which the application was lodged: English

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 25 February 2005 by Movingpeople.net International B.V., established in Helmond (The Netherlands), represented by G.S.C.M. van Roeyen and T. Berendsen, lawyers.

Thomas Schäfer, residing in Schashagen (Germany) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-    annul the contested decision to the extent that Community trademark application

    No 1 997 733 will be accepted for all goods applied for in classes 10, 12 and 20;

-    order OHIM and/or the opponent to pay the costs.

Pleas in law and main arguments

Applicant for Community trade mark:    Movingpeople.net International B.V.

Community trade mark concerned:        The figurative mark "movingpeople.net" for goods in classes 10, 12 and 20 (Vehicles; apparatus for locomotion by land, air or water, ...; all the aforesaid goods specially made for disabled persons and other persons requiring assistance; ...) - application No 1 997 733

Proprietor of mark or sign cited in the

opposition proceedings:            Thomas Schäfer

Trade mark or sign cited in opposition:    The national word mark "MOVING PEOPLE" for goods and services in classes 12 and 37 (Vehicles; flight apparatus, electrical operated wheelchairs and patient wheelchairs, ...)

Decision of the Opposition Division:        Rejection of the Community trade mark application for the contested goods

Decision of the Board of Appeal:        Dismissal of the appeal

Pleas in law:                    Violation of Article 8 (1) (b) of Council Regulation No 40/94

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