Notice for the OJ

 

Action brought on 17 November 2003 by ATI Technologies Inc. against the Office for Harmonisation in the Internal Market

(Case T-377/03)

Language of the case: French

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 17 November 2003 by ATI Technologies Inc., established in Thornhill (Canada), represented by Chantal Silvia Moreau, lawyer, with an address for service in Luxembourg.

Asociación de Técnicos de Informatica - ATI was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

annul the decision given by the Fourth Board of Appeal of the defendant on 16 July 2003 in Case R 339/2002-4;

order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:

ATI Technologies Inc.

Community trade mark sought:

Word mark "ATI" - Application No 362 863 lodged in respect of goods and services in Class 9 (electronic components etc.).

Proprietor of mark or sign cited in the opposition proceedings:

Asociación de Técnicos de Informatica - ATI.

Mark or sign cited in opposition:

Graphic mark "ati" registered in respect of services in Class 42.

Decision of the Opposition Division:

Refusal of the application for registration.

Decision of the Board of Appeal:

Dismissal of the appeal.

Pleas in law:

Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion).

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