Action brought on 29 June 2007 - ITT Manufacturing Enterprises v OHIM - ITT Trademark & Trade (I.T.T.)

(Case T-231/07)

Language in which the application was lodged: English

Parties

Applicant: ITT Manufacturing Enterprises Inc. (Wilmington, United States) (represented by: F. Delord, Solicitor)

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

Other party to the proceedings before the Board of Appeal: ITT Trademark & Trade GmbH (Munich, Germany)

Form of order sought

The applicant requests the Court to:

annul the contested decision, uphold decision No 565/2005 and order the defendant to pay the applicant's costs of this appeal; in the alternative

alter the contested decision, uphold decision No 565/2005 and order the defendant to pay the applicant's costs of this appeal.

Pleas in law and main arguments

Applicant for the Community trade mark: ITT Trademark & Trade GmbH

Community trade mark concerned: The Community word mark "ITT" for goods and services in Class 7, 9, and 11 - application No 1 152 339

Proprietor of the mark or sign cited in the opposition proceedings: ITT Manufacturing Enterprises Inc.

Mark or sign cited: The national figurative trade marks as well as non-registered wellknown trade marks used in the course of trade in the Community containing or consisting of the word element "ITT" for goods and services in a large number of Classes

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

Decision of the Board of Appeal: Rejected the opposition

Pleas in law: The applicant contests the Board's finding according to which the Opposition Division based its decision on an incorrect mark.

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