Action brought on 11 February 2014 – Vimeo v OHIM – PT Comunicações (VIMEO)
(Case T-96/14)
Language in which the application was lodged: English
Parties
Applicant: Vimeo LLC (New York, United States) (represented by: A. Poulter and M. Macdonald, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: PT Comunicações, SA (Lisbon, Portugal)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 November 2013 given in Case R 1092/2013-2;
Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark “VIMEO” for services in Classes 38, 41 and 42 – Community trade mark application No 9 843 061
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The figurative mark containing the verbal element “meo” for goods and services in Classes 9, 16, 35, 37, 38, 41 and 42
Decision of the Opposition Division: Upheld the opposition in entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Article 8(1)(b) CTMR.