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Case T-554/12: Action brought on 21 December 2012 — Oracle America/OHMI — Aava Mobile (AAVA MOBILE)
ECLI:EU:UNKNOWN:62012TN0554
62012TN0554
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EN
Official Journal of the European Union
C 63/22
(Case T-554/12)
2013/C 63/43
Language in which the application was lodged: English
Parties
Applicant: Oracle America, Inc. (Wilmington, United States) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Aava Mobile Oy (Oulu, Finland)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market in case R 1205/2011-2 dated October 9, 2012;
—Order the costs of the proceedings to be borne by the defendant.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: the word mark ‘AAVA MOBILE’, for goods and services in classes 9, 38 and 42 — Community trade mark application No 8 715 385)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 6 551 626 for goods and services in classes 9, 16, 35, 37, 38, 41, 42 et 45
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.