Action brought on 22 September 2008 - MIP Metro v OHIM - CBT Comunicación Multimedia (Metromeet)

(Case T-407/08)

Language in which the application was lodged: German

Parties

Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Dusseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: CBT Comunicación Multimedia, SL (Getxo, Spain)

Form of order sought

Annul the decision of the First Board of Appeal of OHIM of 12 June 2008 in Case R 387/2007-1 as it is incompatible with Article 8(1)(b) of Regulation No 40/94 on the Community trade mark and refuse application No 37 405 29 for the Community trade mark 'metromeet';

Order OHIM to pay the costs of the proceedings, including those of the opposition and appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: CBT Comunicación Multimedia, SL

Community trade mark concerned: Figurative mark 'Metromeet' for goods and services in Classes 9, 16, 35 and 41 - Application No 3 740 529

Proprietor of the mark or sign cited in the opposition proceedings: MIP Metro

Mark or sign cited in opposition: The national figurative mark 'METRO' and the word mark 'meeting metro' for goods and services in Classes 9, 16, 35 and 41

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 in that there is a likelihood of confusion between the marks at issue.

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