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Case T-155/09: Action brought on 15 April 2009 — Maxcom v OHIM — Maxdata Computer (maxcom)
ECLI:EU:UNKNOWN:62009TN0155
62009TN0155
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Valentina R., lawyer
4.7.2009
EN
Official Journal of the European Union
C 153/42
(Case T-155/09)
2009/C 153/83
Language in which the application was lodged: Polish
Parties
Applicant: Maxcom sp. z o.o. (Tychy, Poland) (represented by: P. Kral, 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: Maxdata Computer GmbH & Co. KG (Marl, Germany)
Form of order sought
—annul the decision of the Second Board of Appeal of OHIM of 30 January 2009 in Case R 1019/2008-2, served upon the applicant on 16 February 2009;
—order OHIM and the intervener to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: graphic trade mark ‘maxcom’ for goods in Classes 9 and 11
Proprietor of the mark or sign cited in the opposition proceedings: Maxdata Computer GmbH & Co. KG
Mark or sign cited in opposition: national word mark ‘max’ registered in Germany for services in Classes 38 and 42 and certain goods in Class 9
Decision of the Opposition Division: opposition upheld in relation to goods in Class 9
Decision of the Board of Appeal: dismissal of the appeal brought by the applicant
Pleas in law: infringement of Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009) (1)
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).