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Document C2005/182/76

    Case T-189/05: Action brought on 4 May 2005 by Usinor against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    ĠU C 182, 23.7.2005, p. 40–41 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    23.7.2005   

    EN

    Official Journal of the European Union

    C 182/40

    Action brought on 4 May 2005 by Usinor against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-189/05)

    (2005/C 182/76)

    Language of the case: French

    An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 4 May 2005 by Usinor, whose registered office is in Paris, represented by Patrice de Condé, lawyer.

    The applicant claims that the Court should:

    1.

    annul the decision of the First Board of Appeal of OHIM of 10 February 2005;

    2.

    order OHIM to pay the costs.

    Pleas in law and main arguments:

    Applicant for Community trade mark:

    CORUS UK Limited

    Community trade mark sought:

    Word mark GALVALLOY — application No 796 557, for goods in Class 6 (steel sheet and strip etc)

    Proprietor of mark or sign cited in the opposition proceedings:

    Applicant

    Mark or sign cited in opposition:

    National word mark GALVALLIA for goods in Class 6 (steel sheet and strip etc)

    Decision of the Opposition Division:

    Registration refused

    Decision of the Board of Appeal:

    Decision of the Opposition Division annulled

    Pleas in law:

    Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 (1)

    (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ L 11 of 14.1.1994, p. 1.

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