Action brought on 20 July 2007 - Secure Computing v OHIM - Investronica (SECUREOS)
(Case T -277/07)
Language in which the application was lodged: German
Parties
Applicant: Secure Computing Corporation (Minnesota, United States) (represented by: H. P. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Investronica, SA
Form of order sought
annul the decision of the First Board of Appeal of OHIM of 25 April 2007 in Case R 1063/2006-1;
order the defendant 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 'SECUREOS' for goods in Class 9 (Application No 2 659 944).
Proprietor of the mark or sign cited in the opposition proceedings: Investronica, S.A.
Mark or sign cited in opposition: The word mark 'SECUREURO' (Community trade mark No 2 126 290) for goods and services in Classes 7, 9, 16, 35, 36, 37 and 42 and the figurative mark 'secureuro' (Community trade mark No 2 418 135) for goods and services in Classes 7, 9, 16, 35 and 36.
Decision of the Opposition Division: Grant of the opposition and rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 8(1), Article 73 and Article 74(1),
in fine, of Regulation (EC) No 40/94.
1 ____________1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).