Action brought on 7 July 2008 - Becker Flugfunkwerk v OHIM - Harman Becker Automotive Systems (BECKER AVIONIC SYSTEMS)

(Case T-263/08)

Language in which the application was lodged: English

Parties

Applicant: Becker Flugfunkwerk GmbH (Rheinmünster, Germany) (represented by: O. Griebenow, lawyer)

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

Other party to the proceedings before the Board of Appeal: Harman Becker Automotive Systems GmbH (Karlsbad, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 April 2008 in case R 398/2007-1; and

Refuse opposition No B 484 503 relating to Community trade mark application No 1 829 563.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark "BECKER AVIONIC SYSTEMS" for goods in class 9, application No 1 829 563

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: United Kingdom trade mark registration No 1 258 929 of the word mark "BECKER" for goods in class 9; German trade mark registration No 1 039 843 of the figurative mark "BECKER" for goods in class 9; German trade mark registration No 1 016 927 of the figurative mark "BECKER" for goods in class 37; Finnish trade mark registration No 116 880 of the word mark "BECKER" for goods in class 9; Greek trade mark registration No 82339 of the word mark "BECKER" for goods in class 9; International trade mark registration No 473 178 of the word mark "BECKER" for goods in class 9

Decision of the Opposition Division: Uphold the opposition with respect to all the contested goods

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1) of Council Regulation No 40/94 as there is no likelihood of confusion between the conflicting trade marks.

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