This document is an excerpt from the EUR-Lex website
Document 62008TN0218
Case T-218/08: Action brought on 11 June 2008 — Lemans v OHIM — Stephen Turner (ICON)
Case T-218/08: Action brought on 11 June 2008 — Lemans v OHIM — Stephen Turner (ICON)
Case T-218/08: Action brought on 11 June 2008 — Lemans v OHIM — Stephen Turner (ICON)
OJ C 197, 2.8.2008, p. 33–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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2.8.2008 |
EN |
Official Journal of the European Union |
C 197/33 |
Action brought on 11 June 2008 — Lemans v OHIM — Stephen Turner (ICON)
(Case T-218/08)
(2008/C 197/57)
Language in which the application was lodged: English
Parties
Applicant: Lemans Corporation (Janesville, United States) (represented by: M. Cover, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Stephen Turner (Luddington, United Kingdom)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 March 2008 in case R 589/2007-2; |
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declare that the opposition be dismissed and that Community trade mark concerned may proceed to registration; and |
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order the other party to the proceedings before the Board of Appeal to pay the costs, including the appeals before the Board of Appeal and the Court of First Instance. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘ICON’ for goods and services in classes 9, 18 and 25 — application No 2 197 366
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: The national word mark ‘IKON’ for goods in class 9 — UK trade mark registration No 2 243 676
Decision of the Opposition Division: Rejection of the application in its entirety
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: The Board of Appeal erred in its finding that the other party to the proceedings before it had locus standi to file the opposition.