Action brought on 30 August 2013 – You-View.tv/OHMI – YouView TV (YouView+)
(Case T-480/13)
Language in which the application was lodged: English
Parties
Applicant: You-View.tv (Antwerp, Belgium) (represented by: S. Criel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: YouView TV Ltd (London, United Kingdom)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2013 given in Case R 2112/2012-4;
Order the defendant to pay the costs incurred by the present proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: Word mark “YouView+” for goods and services in Classes 9, 16, 38, 41 and 42 – Community trade mark application No 10 286 061
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Figurative mark in red and white containing verbal elements “You View You-View.tv” for services in Classes 35, 38 and 41 – Benelux trade mark No 838 408
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.