Action brought on 27 August 2009 - Müller-Boré & Partner v OHIM - Popp and Other (MBP)
(Case T -338/09)
Language in which the application was lodged: German
Parties
Applicant: Müller-Boré & Partner (Munich, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal of OHIM: E. Popp (Munich, Germany), W. E. Sajda (Munich), J. Bohnenberger (Munich), V. Kruspig (Munich)
Form of order sought
- Annulment the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1176/2007-4 and amendment of it so as to reject the appeal and objection in their entirety;
- Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: the word mark 'MBP' for services in Classes 35 and 42 (Application No. 1 407 857)
Proprietor of the mark or sign cited in the opposition proceedings: E. Popp, W. E. Sajda, J. Bohnenberger and V. Kruspig
Mark or sign cited in opposition: the word mark 'ip_law@mbp.' for services in Class 42 (Community Trademark No. 667 105) and the special trade name 'mbp.de.' under German trade mark law
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Opposition upheld in part
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,] since there is no likelihood of confusion between the trade marks at issue.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).