4.7.2009
EN
Official Journal of the European Union
C 153/40
Action brought on 2 April 2009 — Eliza v OHIM — Went Computing Consultancy Group (eliza)
(Case T-130/09)
2009/C 153/78
Language in which the application was lodged: English
Parties
Applicants: Eliza Corporation (Beverly, United States) (represented by: R. Köbbing, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Went Computing Consultancy Group BV (Utrecht, The Netherlands)
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 2 February 2009 in case R 1244/2008-4; and
—
Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark “eliza”, for goods and services in classes 9, 37 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 “ELISE” for goods and services in classes 9, 16, 35 and 42
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (1) (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its holding that there is a likelihood of confusion between the trade marks concerned on the part of the relevant public
(1) Replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, OJ L 78, p. 1
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