# C_2006212EN.01003101.xml

| 2.9.2006 | EN | Official Journal of the European Union | C 212/31 |
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2.9.2006

EN

Official Journal of the European Union

C 212/31

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Action brought on 26 June 2006 — Charlott SARL v OHIM — Charlot (figurative mark ‘Charlott France Entre Luxe et Tradition’)

(Case T-169/06)

(2006/C 212/56)

Language in which the application was lodged: French

Parties

Applicant: Charlott SARL (Chapanost, France) (represented by: L. Conrad, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Charlot — Conferecções para Homens, Artigos de Lã o Outros SA (Lisbon, Portugal)

Other party to the proceedings before the Board of Appeal of OHIM:

Forms of order sought

| — | annul the decision of 24 April 2006 of the Second Board of Appeal of OHIM (Case R 223/2005-2); |
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annul the decision of 24 April 2006 of the Second Board of Appeal of OHIM (Case R 223/2005-2);

| — | rule that the company Charlot — Conferecções para Homens, Artigos de Lã o Outros SA does not fulfil the obligations laid down in Article 43(2) of Regulation (EC) No 40/94; |
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rule that the company Charlot — Conferecções para Homens, Artigos de Lã o Outros SA does not fulfil the obligations laid down in Article 43(2) of Regulation (EC) No 40/94;

| — | order OHIM to proceed with registration of the mark lodged by Charlott SARL; |
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order OHIM to proceed with registration of the mark lodged by Charlott SARL;

| — | order OHIM or any unsuccessful party to pay the costs of the present proceedings, especially the recoverable costs under Article 91(b) of the Rules of Procedure of this Court of 2 May 1991. |
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order OHIM or any unsuccessful party to pay the costs of the present proceedings, especially the recoverable costs under Article 91(b) of the Rules of Procedure of this Court of 2 May 1991.

Pleas in law and main arguments

Applicant for a Community trade mark: Charlott SARL

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark ‘Charlott France Entre Luxe et Tradition’ for goods in Class 25 — Application No 001853274

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Charlot –Conferecções para Homens, Artigos de Lã o Outros SA

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: National figurative mark ‘Charlot’ for goods in Class 25

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected.

Decision of the Opposition Division:

Decision of the Board of Appeal: Decision of the Opposition Division annulled.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 43(2) of Regulation (EC) No 40/94 and of Article 22(2) of Regulation (EC) No 2868/95 on the grounds that, according to the applicant, the opposing party has not proven genuine use of its mark during the five preceding years and has not furnished proof of the extent of the use allegedly made of that mark.

Pleas in law:

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