Notices for publication in the OJ nº T-338/09 of Court of First Instance of the European Communities, October 23, 2009

• Resolution Date: October 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-338/09

Action brought on 27 August 2009 - Müller-Boré & Partner v OHIM - Popp and Other (MBP)

(Case T -338/09)

Language in which the application was lodged: German

Parties

Applicant: Müller-Boré & Partner (Munich, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM: E. Popp (Munich, Germany), W. E. Sajda (Munich), J. Bohnenberger (Munich), V. Kruspig (Munich)

Form of order sought

- Annulment the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1176/2007-4 and amendment of it so as to reject the appeal and objection in their entirety;

- Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: the word mark 'MBP' for services in Classes 35 and 42 (Application No. 1 407 857)

Proprietor of the mark or sign cited in the opposition proceedings: E...