Action brought on 25 November 2013 – Oracle America v OHIM – Aava Mobile (AAVA CORE)

(Case T-618/13)

Language in which the application was lodged: English

Parties

Applicant: Oracle America, Inc. (Wilmington, United States) (represented by: T. Heydn, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aava Mobile Oy (Oulu, Finland)

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 11September 2013 given in Case R 1369/2012-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark “AAVA CORE” for goods and services in Classes 9, 38 and 42 – Community trade mark application No 9 712 811

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 6 551 626 of the word mark “JAVA” for goods and services in Classes 9, 16, 35, 37, 38, 41, 42 and 45; well-known trade mark “JAVA” in all Member States of the European Union for goods and services in Classes 9, 38 and 42

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.