This document is an excerpt from the EUR-Lex website
Document C2005/271/46
Case T-317/05: Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM
Case T-317/05: Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM
Case T-317/05: Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM
OJ C 271, 29.10.2005, p. 23–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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29.10.2005 |
EN |
Official Journal of the European Union |
C 271/23 |
Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM
(Case T-317/05)
(2005/C 271/46)
Language of the case: English
Parties
Applicant(s): Kustom Musical Amplification Inc. (Cincinnati, USA) [represented by: M. Edenborough, barrister and T.Bamford, solicitor]
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the Decision of the Second Board of Appeal No 1035/2004-2, or alternatively, annul partially such that the specification of goods is restricted to ‘Stringed instruments, namely professional, electric guitars’ in class 15; |
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Remit the Community trade mark application No 3 206 372 to the office so as to allow the said application to proceed to advertisement; |
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Order the respondent to pay to the appellant/applicant the costs incurred by the appellant/applicant in connection with this appeal and the appeal before the Board of Appeal and the prosecution before the examiner. |
Pleas in law and main arguments
Community trade mark concerned: The three dimensional mark representing the body of the so-called Beast guitar for goods in class 15 (stringed instruments, namely guitars) (Community trade mark application No 3 206 372)
Decision of the examiner: Rejection of the trade mark application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Violation of Article 7(1)(b) of Regulation 40/94.