Action brought on 7 April 2006 - InterVideo v OHIM

(Case T-105/06)

Language of the case: English

Parties

Applicant: InterVideo, Inc. (California, USA) (represented by: K. Manhaeve, lawyer)

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

Form of order sought

Annul the decision of the Board of Appeal of 31 January 2006;

order the defendant to pay all the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark "WinDVD Creator" for goods in class 9 - application No 4 106 936

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Articles 4 and 7(1)(b) and (c) of Council Regulation No 40/94 as the Board of Appeal has defined the relevant public incorrectly. The relevant public is, according to the applicant, the average consumer and not PC users familiar with specific computer language.

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