Action brought on 25 October 2012 - Tridium v OHIM - q-bus Mediatektur (SEDONA FRAMEWORK)

(Case T-467/12)

Language in which the application was lodged: English

Parties

Applicant: Tridium, Inc. (Richmond, Unites States) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: q-bus Mediatektur GmbH (Berlin, Germany)

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 2 August 2012 in case R 1943/2011-2; and

Order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "SEDONA FRAMEWORK", for goods in class 9 - Community trade mark application No 9067372

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: International trade mark registration No 934023 of the figurative mark "~sedna", for goods in class 9

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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