Action brought on 30 March 2012 - Comsa v OHIM - COMSA (COMSA)

(Case T-144/12)

Language in which the application was lodged: Spanish

Parties

Applicant: Comsa, SA (Barcelona, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal: Constructora de obras municipales, SA (COMSA) (Madrid, Spain)

Form of order sought

Uphold the action and declare that points 2, 3 and 5 of the decision of the Second Board of Appeal of 10 January 2012 in Joined Cases R 518/2011-2 and R 795/2011-2 are not consistent with Council Regulation (EC) No 40/94 on the Community trade mark (now Regulation (EC) No 207/2009);

order the defendant and, where appropriate the intervener, to pay all the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Constructora de obras municipales, SA (COMSA)

Community trade mark concerned: Word mark 'COMSA' for goods and services in Classes 19, 35, 36, 37, 39 and 42 - Community trade mark application No 7 091 051

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

Mark or sign cited in opposition: Company name (business name) 'COMSA S.A.' and unregistered mark 'COMSA'

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: The appeals of the applicant and of the defendant upheld in part

Pleas in law: Infringement of Article 8(4) of Regulation No 207/2009

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