- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T-501/09: Action brought on 8 December 2009 — PhysioNova v OHIM — Flex Equipos de Descanso (FLEX)
ECLI:EU:UNKNOWN:62009TN0501
62009TN0501
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
13.2.2010
EN
Official Journal of the European Union
C 37/46
(Case T-501/09)
2010/C 37/67
Language in which the application was lodged: German
Parties
Applicant: PhysioNova GmbH (Erlangen, Germany) (represented by: J. Klinik, 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: Flex Equipos de Descanso, SA (Madrid, Spain)
Form of order sought
—Annul the contested decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 September 2009 in Case R 1/2009-1;
—amend the contested decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 1/2009-1 so as to overrule the decision of the Cancellation Division of 27. October 2008 in Case 2237 C;
—order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which a declaration of invalidity has been sought: the Community figurative mark ‘FLEX’ No 2 275 220 for goods and services in classes 6, 10, 17 and 20
Proprietor of the Community trade mark: Flex Equipos de Descanso, SA
Applicant for the declaration of invalidity: PhysioNova GmbH
Trade mark right of applicant for the declaration: the German trade mark No 39 903 314‘PhysioFlex’ and the German trade mark No 39 644 431‘Rotoflex’
Decision of the Cancellation Division: Rejection of the application for declaration of invalidity
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is a likelihood of confusion between the trade marks at issue
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).