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
 
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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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