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Document C2004/106/140
Case T-39/04: Actionbrought on 5 February 2004 by Orsay GmbH againstthe Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case T-39/04: Actionbrought on 5 February 2004 by Orsay GmbH againstthe Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Case T-39/04: Actionbrought on 5 February 2004 by Orsay GmbH againstthe Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ELT C 106, 30.4.2004, p. 69–70
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
30.4.2004 |
EN |
Official Journal of the European Union |
C 106/69 |
Action brought on 5 February 2004 by Orsay GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-39/04)
(2004/C 106/140)
Language of the case to be determined pursuant to Article 131(2) of the Rules of Procedure language in which the application was submitted: German
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 5 February 2004 by Orsay GmbH, Willstätt (Germany), represented by D. von Schultz, lawyer.
José Jiménez Arellano S.A., Madrid, was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
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annul Decision R 394/2002-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 3 November 2003 and Decision 405/2002 of the Opposition Division of the Office for Harmonisation in the Internal Market of 25 February 2002 insofar as registration of the Community trade mark sought in Application No 1 042 613 in respect of articles of clothing; boots, shoes and slippers; headgear was refused on the basis of Opposition No B 242 059; |
— |
declare that the Office for Harmonisation in the Internal Market is to register the mark ‘O orsay’, sought in Application No 1 042 613 as a Community trade mark in respect of articles of clothing; boots, shoes and slippers; headgear in Class 25; |
— |
order the office for Harmonisation in the Internal Market to pay the costs of the opposition and appeal proceedings and of the present action. |
Pleas in law and main arguments:
Applicant for Community trade mark: |
The applicant |
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Community trade mark sought: |
The figurative mark ‘O orsay’ for goods in Classes 23, 24 and 25 (yarn, woven and knitted fabric; bed and table covers; articles of clothing; boots, shoes and slippers; headgear) – Application No 1 042 613 |
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Proprietor of mark or sign cited in the opposition proceedings: |
José Jiménez Arellano S.A. |
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Mark or sign cited in opposition. |
The Spanish and Portuguese figurative mark ‘D'ORSAY’ for, inter alia, goods in Class 25 |
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Decision of the Opposition Division: |
Refusal of the application for registration in respect of the goods ‘articles of clothing; boots, shoes and slippers; headgear’. Rejection of the remainder of the opposition. |
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Decision of the Board of Appeal: |
Dismissal of the applicant's appeal |
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Pleas in law: |
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