Notices for publication in the OJ nº T-353/09 of Court of First Instance of the European Communities, November 21, 2009
Resolution Date | November 21, 2009 |
Issuing Organization | Court of First Instance of the European Communities |
Decision Number | T-353/09 |
Action brought on 4 September 2009 - mtronix v OHIM - Growth Finance (mtronix)
(Case T -353/09)
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'...
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