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Case T-277/07: Action brought on 20 July 2007 — Secure Computing v OHIM — Investronica (SECUREOS)
ECLI:EU:UNKNOWN:62007TN0277
62007TN0277
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Valentina R., lawyer
6.10.2007
EN
Official Journal of the European Union
C 235/14
(Case T-277/07)
(2007/C 235/25)
Language in which the application was lodged: German
Parties
Applicant: Secure Computing Corporation (Minnesota, United States) (represented by: H. P. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Investronica, SA
Form of order sought
—annul the decision of the First Board of Appeal of OHIM of 25 April 2007 in Case R 1063/2006-1;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: The word mark ‘SECUREOS’ for goods in Class 9 (Application No 2 659 944).
Proprietor of the mark or sign cited in the opposition proceedings: Investronica, S.A.
Mark or sign cited in opposition: The word mark ‘SECUREURO’ (Community trade mark No 2 126 290) for goods and services in Classes 7, 9, 16, 35, 36, 37 and 42 and the figurative mark ‘secureuro’ (Community trade mark No 2 418 135) for goods and services in Classes 7, 9, 16, 35 and 36.
Decision of the Opposition Division: Grant of the opposition and rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 8(1), Article 73 and Article 74(1), in fine, of Regulation (EC) No 40/94 (1).
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
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