Action brought on 13 July 2009 - PVS v OHIM - MeDiTA Medizinischer Kurierdienst (medidata)

(Case T-270/09)

Language in which the application was lodged: German

Parties

Applicant: PVS - Privatärztliche Verrechnungsstelle Rhein-Ruhr GmbH (Mühlheim an der Ruhr, Germany) (represented by: F. Lindenberg, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: MeDiTA Medizinische Kurierdienst- u. Handelsg. mbH (Düsseldorf, Germany)

Form of order sought

Annul the decision of the Fourth Board of Appeal of 14 May 2009 in Appeal R 1724/2007-4 and reject the opposition;

Order the defendant to bear the costs of the action and of the appeal proceedings;

Enter judgment against the defendant without an oral hearing in its absence, in so far as it does not enter a defence in the appropriate form and in accordance within the prescribed time-limit.

Pleas in law and main arguments

Applicant for a Community trade mark: PVS

Community trade mark concerned: the figurative mark 'medidata' in the colours blue, grey and white for services in Classes 35, 36, 41, 42 and 44 (Application No 4 495 842)

Proprietor of the mark or sign cited in the opposition proceedings: MeDiTA Medizinische Kurierdienst- u. Handelsg. mbH

Mark or sign cited in opposition: the German word mark 'MeDiTA' for services in Classes 35 and 39, whereas the opposition is directed against registration in Class 35

Decision of the Opposition Division: Grant of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, ¹ since there is no likelihood of confusion between the trade marks at issue

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¹ - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).