24.11.2007

EN

Official Journal of the European Union

C 283/33

(Case T-365/07)

(2007/C 283/61)

Language in which the application was lodged: English

Parties

Applicant: Traxdata France SARL (Paris, France) (represented by: F. Valentin, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ritrax Corp. Ltd (London, United Kingdom)

Form of order sought

—Reverse the decision of 23 May 2007 handed down by the First Board of Appeal of the Office for Harmonisation in the Internal Market in joined cases R 1337/2005-1, R 1338/2005-1, R 1339/2005-1 and R 1340/2005-1 and to accordingly declare the invalidity of TRAXDATA CTMs No 000007393, No 000877779, No 001252725 and TEAM TRAXDATA No 000877910 for all of the products and services listed in classes 9, 16 and 42, on the basis of Article 52(1)(c) of the CTMR of 20 December 1993;

—pronounce the invalidity of TEAM TRAXDATA CTM No 000877910, for the following services listed in class 36: ‘Financial sponsorship of sports and leisure activities; financial sponsorship of sporting competitions, events and teams; financial sponsorship of sportsmen and sportswomen […] advice and consultancy services in relation to all the aforesaid services’;

—pronounce the invalidity of TRAXDATA CTMs No 000877779 and TEAM TRAXDATA No 000877910, for the following services listed in class 41: ‘entertainment and education services; arranging and conducting of conferences, congresses, seminars, symposiums, […] electronic game services provided by means of the Internet; publishing of books, magazines and periodicals; […] amusement centre services; […] rental of video cassettes, audio cassettes, compact discs and cine films; advice and consultancy services relating to all the aforesaid services.’

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The word and figurative marks ‘TRAXDATA’ and ‘TEAM TRAXDATA’ for goods and services in classes 9, 16, 36, 41 and 42 — Community trade marks No 877 910, 877 779, 7 393 and 1 252 725

Proprietor of the Community trade mark: Ritrax Corp. Ltd

Party requesting the declaration of invalidity of the Community trade mark: The applicant

Trade mark right of the party requesting the declaration of invalidity: The unregistered corporate name ‘TRAXDATA FRANCE SARL’ and trade name ‘TRAXDATA’ for the following goods and services: ‘consultancy, delivery and sale of computer consumables, hardware and accessories’

Decision of the Cancellation Division: Rejection of the applicant's requests for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The Board of Appeal infringed Article 52(1)(c) read in conjunction with Article 8(4) of Council Regulation No 40/94 by finding that the applicant had not furnished proof that it continues to make use of ‘TRAXDATA’ and by improper application of the criteria of likelihood of confusion between the conflicting trade marks.