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Case T-144/10: Action brought on 29 March 2010 — Space Beach Club v OHIM — Flores Gómez (SpS space of sound)
ECLI:EU:UNKNOWN:62010TN0144
62010TN0144
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Valentina R., lawyer
22.5.2010
EN
Official Journal of the European Union
C 134/49
(Case T-144/10)
2010/C 134/79
Language in which the application was lodged: Spanish
Parties
Applicant: Space Beach Club SA (San Jorge (Ibiza), Spain) (represented by: A. Alejos Cutuli, 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: Miguel Ángel Flores Gómez (Madrid, Spain)
Form of order sought
—annul the decision of the Second Board of Appeal of OHIM and refuse registration of Community trade mark application No 5683693;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Miguel Ángel Flores Gómez
Community trade mark concerned: Figurative mark containing the verbal component ‘SpS space of sound’ (Application No 5 683 693) for goods and services in Classes 9, 35 and 41.
Proprietor of the mark or sign cited in the opposition proceedings: The defendant
Mark or sign cited in opposition: Spanish figurative marks which contain the word element ‘SPACE’ (Nos 2 021 783, 2 610 677, 2 644 838, 2 644 839, 2 654 511, 2 694 428, 2 583 870, 3 175 742 and 4 529 814) for goods and services in Classes 9, 25 and 41.
Decision of the Opposition Division: Opposition rejected.
Decision of the Board of Appeal: Action dismissed.
Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark.