Action brought on 13 May 2008 - Messe Düsseldorf v OHIM - Canon Communications (MEDTEC)

(Case T-173/08)

Language in which the application was lodged: English

Parties

Applicant: Messe Düsseldorf GmbH (Düsseldorf, Germany) (represented by: I. Friedhoff, lawyer)

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

Other party to the proceedings before the Board of Appeal: Canon Communications LLC (Los Angeles, United States)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2008 in case R 0989/2005-1; and

order OHIM / the other party to the proceedings before the Board of Appeal to pay the costs.

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 "MEDTEC" for goods and services in classes 16, 35 and 41 - application No 2 885 853

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

Mark or sign cited: The national word trade mark "Metec" for goods and services in classes 16, 35, 37, 38, 41 and 42; the international word trade mark "Metec" for goods and services in classes 16, 35, 37, 38, 41 and 42

Decision of the Opposition Division: Upheld the opposition with respect to all goods and services

Decision of the Board of Appeal: Annulment of the contested decision and rejection of the opposition in its entirety

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal was incorrect to allow the appeal and to state that there is no similarity between the trade marks; infringement of Article 62 of Council Regulation No 40/94 as the Board of Appeal rendered a decision on facts which were not subject to appeal.

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