19.6.2010

Official Journal of the European Union

C 161/55

(Case T-188/10)

(2010/C 161/86)

Language of the case: Spanish

Parties

Applicant: DTL Corporación, S.L. (Madrid, Spain) (represented by: C. Rueda Pascual, 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: Gestión de Recursos y Soluciones Empresariales, S.L. (Pamplona, Spain)

Form of order sought

—annulment of the decision of the Second Board of Appeal of OHIM of 17 February 2010 in Case R 767/2009-2;

—replace it by another which rejects the opposition brought by GESTIÓN DE RECURSOS Y SOLUCIONES EMPRESARIALES, S.L. against the Community trade mark No 5153325 ‘SOLARIA’ permitting that Community trade mark to be registered not only in Class 41, but also for all the services applied for in Classes 37 and 42; and order the opposing party to pay the costs of the opposition and the appeal before OHIM; and

—order OHIM and the other parties to the proceedings who oppose this action to pay the costs thereof.

Pleas in law and main arguments

Applicant for a Community trade mark: DTL Corporación, S.L.

Community trade mark concerned: Figurative mark containing the word element ‘SOLARIA’ (Application No 5 153 325) for services in Classes 37, 41 and 42.

Proprietor of the mark or sign cited in the opposition proceedings: Gestión de Recursos y Soluciones Empresariales, S.L.

Mark or sign cited in opposition: Spanish figurative mark containing the word element ‘SOLARTIA’ (No 2 689 747) for services in Classes 37 and 42.

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.