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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