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Case T-353/09: Action brought on 4 September 2009 — mtronix v OHIM — Growth Finance (mtronix)

ECLI:EU:UNKNOWN:62009TN0353

62009TN0353

January 1, 2009
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21.11.2009

EN

Official Journal of the European Union

C 282/49

(Case T-353/09)

2009/C 282/95

Language in which the application was lodged: German

Parties

Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, 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: Growth Finance AG

Form of order sought

annul the contested decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1557/2007-4;

alter the contested decision so that the opposition of Growth Finance AG is not upheld, in the alternative, that that opposition is dismissed and Application No 4 193 661 for the services in Class 9 is upheld and the application is continued also for that class;

order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings;

in the alternative, order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: mtronix OHG

Community trade mark concerned: The word mark ‘mtronix’ for goods in Classes 9 and 10 (Application No 4 193 661)

Proprietor of the mark or sign cited in the opposition proceedings: Growth Finance AG

Mark or sign cited in opposition: The word mark ‘Montronix’ for goods and services in Classes 7, 9 and 42 (Community trade mark No 2 762 862), in respect of opposition to the registration for goods in Class 9

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal partially upheld

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no 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).

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