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Document C2007/297/89
Case T-386/07: Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)
Case T-386/07: Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)
Case T-386/07: Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)
OJ C 297, 8.12.2007, p. 44–44
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.12.2007 |
EN |
Official Journal of the European Union |
C 297/44 |
Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)
(Case T-386/07)
(2007/C 297/89)
Language in which the application was lodged: English
Parties
Applicant: Peek & Cloppenburg (KG) (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Redfil SL (Barcelona, Spain)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2007 in Case No R 1324/2006-2; and |
— |
order that the costs of the proceedings be borne by the defendant. |
Pleas in law and main arguments
Applicant for the Community trade mark: Redfil SL
Community trade mark concerned: The figurative mark ‘Agile’ for goods in classes 18, 25 and 28 — application No 2 659 456
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: The community and national word mark ‘Aygill's’ for goods in classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21, 24, 25, 26, 27 and 28
Decision of the Opposition Division: Opposition upheld in its entirety
Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition in its entirety
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94