Action brought on 6 August 2007 - Motopress v OHIM - Sony Computer Entertainment Europe (BUZZ!)
(Case T-302/07)
Language in which the application was lodged: German
Parties
Applicant: Motopress Werbe- und Verlagsgesellschaft mbH (Vienna, Austria) (represented by: L. Wiltschek, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Sony Computer Entertainment Europe Limited
Form of order sought
Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 June 2007 (Appeal No R 1468/2006-2) to the extent required in order to grant the opposition to trade mark Application No 4 441 044;
In the alternative, annul the contested decision and refer the case back to the Office for Harmonisation in the Internal Market;
Order the Office for Harmonisation in the Internal Market to pay the costs of the appeal proceedings and of the proceedings before the Court of First Instance.
Pleas in law and main arguments
Applicant for a Community trade mark: Sony Computer Entertainment Europe Limited
Community trade mark concerned: the figurative mark 'BUZZ!' for goods and services in classes 9, 16, 28 and 41 (Application No 4 441 044).
Proprietor of the mark or sign cited in the opposition proceedings: the Applicant.
Mark or sign cited in opposition: Austrian word mark 'BUZZ!' for goods and services in classes 9, 16, 35 and 38.
Decision of the Opposition Division: rejection of the opposition.
Decision of the Board of Appeal: dismissal of the appeal.
Pleas in law: Infringement of Article 74(2) of Regulation (EC) No 40/94
1 caused by disregard of evidence of the existence of the mark on which opposition is based.
____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).