8.10.2011
EN
Official Journal of the European Union
C 298/26
Action brought on 8 August 2011 — Giga-Byte Technology v OHIM — Haskins (Gigabyte)
(Case T-451/11)
2011/C 298/48
Language in which the application was lodged: English
Parties
Applicant: Giga-Byte Technology Co., Ltd (Taipei, Taiwan) (represented by: F. Schwerbrock, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Robert A. Haskins (Pennsylvania, USA)
Form of order sought
—
Dismiss the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 May 2011 in case R 2047/2010-2, as well as the decision of the Opposition Division
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘Gigabyte’, for goods and services in classes 9, 35, 37 and 42 — Community trade mark application No 5550009
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 in opposition: Community trade mark registration No 4954095 of the word mark ‘GIGABITER’, for services in classes 39, 40 and 42
Decision of the Opposition Division: Upheld the opposition for part of the contested services
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Section 9(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly concluded that the contested services in classes 37 and 42 are similar to the opponent’s services in class 42.
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