Action brought on 20 May 2014 – Construlink/OHIM – Wit-Software (GATEWIT)

(Case T-351/14)

Language in which the application was lodged: English

Parties

Applicant: Construlink – Tecnologias de Informação, SA (Lisboa, Portugal) (represented by: M. Lopes Rocha, lawyer)

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

Other party to the proceedings before the Board of Appeal: Wit-Software, Consultoria e Software para a Internet Móvel, SA (Coimbra, Portugal)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1059/2013-1;

Consider the trade mark application No 10 128 262 GATEWIT fully sustained;

Order the OHMI and the Opponent to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark “GATEWIT” for services in Class 42 – Community trade mark application No 10 128 262

Proprietor of the mark or sign cited in the opposition proceedings: Wit-Software, Consultoria e Software para a Internet Móvel, SA

Mark or sign cited in opposition: The figurative mark containing the word elements “wit software” for goods and services in Classes 9, 38 and 42 as well as the national registration of the company name “Wit-Software, Consultoria e Software para a Internet Móvel, SA”

Decision of the Opposition Division: The opposition was rejected

Decision of the Board of Appeal: The decision of the Opposition Division was annulled and the trade mark applied for rejected



Pleas in law:

-    Violation of Article 8(1)(b) of Regulation No 207/2009;

-    Violation of Article 8(4) of Regulation No 207/2009.