24.1.2009

Official Journal of the European Union

C 19/34

(Case T-501/08)

(2009/C 19/63)

Language in which the application was lodged: English

Parties

Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: C More Entertainment AB (Stockholm, Sweden)

Form of order sought

—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 August 2008 in case R 1388/2007-4 and reject the opposition;

—Order OHIM to pay the costs; and

—Order the other party to the proceedings before the Board of Appeal to pay the costs, should it become an intervener in this case.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘see more’ for goods in class 9 — application No 4 034 741

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: Danish trade mark registration No VR 2004 01590 of the word mark ‘CMORE’ for goods and services in classes 9, 16, 35, 38 and 41; Finish trade mark registration No 231 366 of the word mark ‘CMORE’ for goods and services in classes 9, 16, 35, 38 and 41

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned.