Action brought on 16 June 2008 — Eugenia Montero Padilla v OHIM — Padilla Requena (JOSE PADILLA)

(Case T-255/08)

(2008/C 209/115)

Language in which the application was lodged: Spanish

Parties

Applicant: Eugenia Montero Padilla (Madrid, Spain) (represented by: G. Aguillaume Gandasegui and P. Linde Puelles, 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: José María Padilla Requena

Form of order sought

Annul OHIM's decision of 1 March 2008 and order that the application for registration be refused in respect of Community trade mark ‘JOSE PADILLA’ for Classes 9a, 23a and 41a.

Pleas in law and main arguments

Applicant for a Community trade mark: Eugenia Montero Padilla

Community trade mark concerned: Word mark ‘JOSE PADILLA’ (registration application No 2.844.066) for goods and services in Classes 9, 25 and 41.

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: Word mark ‘JOSE PADILLA’ (registration application No 2.844.066) for goods and services in Class 41.

Decision of the Opposition Division: Dismissal of the opposition

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Articles 4 and 7(1)(a),(b),(c) and (f) Article 8(1) and (5) of Regulation (EC) No 40/94 on the Community trade mark.