Action brought on 15 April 2009 - Maxcom v OHIM - Maxdata Computer (maxcom)
(Case T -155/09)
Language in which the application was lodged: Polish
Parties
Applicant: Maxcom sp. z o.o. (Tychy, Poland) (represented by: P. Kral, 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: Maxdata Computer GmbH & Co. KG (Marl, Germany)
Form of order sought
annul the decision of the Second Board of Appeal of OHIM of 30 January 2009 in Case R 1019/2008-2, served upon the applicant on 16 February 2009;
order OHIM and the intervener to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: graphic trade mark 'maxcom' for goods in Classes 9 and 11
Proprietor of the mark or sign cited in the opposition proceedings: Maxdata Computer GmbH & Co. KG
Mark or sign cited in opposition: national word mark 'max' registered in Germany for services in Classes 38 and 42 and certain goods in Class 9
Decision of the Opposition Division: opposition upheld in relation to goods in Class 9
Decision of the Board of Appeal: dismissal of the appeal brought by the applicant
Pleas in law: infringement of Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)
1 ____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).