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Case T-26/10: Action brought on 25 January 2010 — Alibaba Group v OHIM — allpay.net (ALIPAY)
ECLI:EU:UNKNOWN:62010TN0026
62010TN0026
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Valentina R., lawyer
17.4.2010
EN
Official Journal of the European Union
C 100/45
(Case T-26/10)
2010/C 100/69
Language in which the application was lodged: English
Parties
Applicant: Alibaba Group Holding Limited (Grand Cayman, Cayman Islands) (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: allpay.net.Limited (Hereford, United Kingdom)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 November 2009 in case R 1790/2008-1, as far as the appeal was dismissed; and
—Order the defendant to bear the costs of the proceedings.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘ALIPAY’, for goods and services in classes 9, 35, 36, 38 and 42
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited: Community trade mark registration of the word mark ‘ALLPAY’, for goods and services in classes 9, 36, 40 and 42; United Kingdom trade mark registration of the word mark ‘ALLPAY.NET’, for goods and services in classes 9, 16, 36, 38 and 42; United Kingdom trade mark registration of a series of word marks containing the word ‘ALLPAY’, for goods and services in classes 9, 36, 40 and 42; unregistered earlier marks or signs containing the word ‘ALLPAY’, used in the course of trade in the United Kingdom
Decision of the Opposition Division: Upheld the opposition for all the contested goods and services
Decision of the Board of Appeal: Dismissed the appeal partially
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 (which became Article 8(1)(b) of Council Regulation No 207/2009) as the Board of Appeal wrongly found that there was likelihood of confusion between the trade marks concerned.