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Document 62006TO0014

Order of the Court of First Instance (Third Chamber) of 14 December 2006.
K-Swiss, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Procedural issues - Plea of inadmissibility - Notification of the decision of the Board of Appeal - Time-limit for bringing an action.
Case T-14/06.

European Court Reports 2006 II-00106*

ECLI identifier: ECLI:EU:T:2006:401





Order of the Court of First Instance (Third Chamber) of 14 December 2006 – K‑Swiss v OHIM (Parallel stripes on a shoe)

(Case T‑14/06)

Community trade mark – Procedural issues – Plea of inadmissibility – Notification of the decision of the Board of Appeal – Time-limit for bringing an action

Community trade mark – Procedural provisions (Commission Regulation No 2868/95, Art. 1, Rules 61(2), 62(1) and (3) and 68) (see paras 22, 25-26, 28)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 September 2005 (Case R 1109/2004-1), concerning registration of a mark in the form of five parallel stripes placed on the lateral part of a representation of a shoe as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

K‑Swiss, Inc.

Community trade mark sought:

Figurative mark representing a shoe with five parallel stripes on the side for goods in Class 25 – Application No 2788511

Decision of the Examiner:

Application dismissed

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

 

Dismisses the action as inadmissible;

 

Orders the applicant to pay the costs.

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