This document is an excerpt from the EUR-Lex website
Document C2006/096/45
Case T -67/06: Action brought on 20 February 2006 — Elini N.V. v OHIM
Case T -67/06: Action brought on 20 February 2006 — Elini N.V. v OHIM
Case T -67/06: Action brought on 20 February 2006 — Elini N.V. v OHIM
OJ C 96, 22.4.2006, p. 27–28
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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22.4.2006 |
EN |
Official Journal of the European Union |
C 96/27 |
Action brought on 20 February 2006 — Elini N.V. v OHIM
(Case T -67/06)
(2006/C 96/45)
Language in which the application was lodged: Dutch
Parties
Applicant: Elini N.V. (Antwerp, Belgium) (represented by: F. Cornette and S. Tilsley, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Rolex. S.A (Geneva, Switzerland)
Form of order sought
The applicant claims that the Court should:
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review and annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 December 2005 (Case R-725/2004-4); |
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order OHIM to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Elini N.V.
Community trade mark concerned: the figurative mark ‘Elini’ for goods in class 14 (jewellery; watches; watch straps, watch glasses, watch chains and precious stones)
Proprietor of the mark or sign cited in the opposition proceedings: Rolex S.A.
Mark or sign cited in opposition: the figurative mark ‘Cellini’ for goods in class 14 (registration number 1 456 102)
Decision of the Opposition Division: rejection of the opposition
Decision of the Board of Appeal: annulment of the decision of the Opposition Division and rejection of the application for a Community trade mark
Pleas in law: breach of Article 8(1)(b) of Regulation No 40/94.