# C_2005155EN.01002301.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 155/23 |
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25.6.2005

EN

Official Journal of the European Union

C 155/23

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Action brought on 22 February 2005 by Quelle Aktiengesellschaft against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-88/05)

(2005/C 155/46)

Language in which the application was submitted: German

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 22 February 2005 by Quelle Aktiengesellschaft, established in Fürth (Germany), represented by H. Lindner, lawyer.

Nars Cosmetics, Inc., Madrid, was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| — | annul the decision of the Second Board of Appeal of OHIM of 17 December 2004 in Case R 379/2004-2; |
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annul the decision of the Second Board of Appeal of OHIM of 17 December 2004 in Case R 379/2004-2;

| — | annul the decision of the Opposition Division of 6 April 2004 (No 1138/2004) on Opposition No B288706; |
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annul the decision of the Opposition Division of 6 April 2004 (No 1138/2004) on Opposition No B288706;

| — | allow the opposition and reject trade mark application No 1333657; |
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allow the opposition and reject trade mark application No 1333657;

| — | order OHIM to pay the costs. |
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order OHIM to pay the costs.

Pleas in law and main arguments

| Applicant for Community trade mark: | Nars Cosmetics, Inc. |
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| Community trade mark concerned: | Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 (Cleaning and bleaching preparations, leather, clothing, footwear, headgear ...) — Application No 1333657. |
| Proprietor of mark or sign cited in the opposition proceedings: | The applicant. |
| Mark or sign cited in opposition: | National figurative mark ‘MARS’ for goods in Class 25 (Footwear, in particular sports shoes, clothing). |
| Decision of the Opposition Division: | Rejection of the applicant's opposition. |
| Decision of the Board of Appeal: | Dismissal of the applicant's appeal. |
| Pleas in law: | Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 due to inadequate consideration of the similarity of the marks and the identity or similarity of the goods. |

Applicant for Community trade mark:

Nars Cosmetics, Inc.

Community trade mark concerned:

Figurative mark ‘NARS’ for goods in Classes 3, 18 and 25 (Cleaning and bleaching preparations, leather, clothing, footwear, headgear ...) — Application No 1333657.

Proprietor of mark or sign cited in the opposition proceedings:

The applicant.

Mark or sign cited in opposition:

National figurative mark ‘MARS’ for goods in Class 25 (Footwear, in particular sports shoes, clothing).

Decision of the Opposition Division:

Rejection of the applicant's opposition.

Decision of the Board of Appeal:

Dismissal of the applicant's appeal.

Pleas in law:

Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 due to inadequate consideration of the similarity of the marks and the identity or similarity of the goods.

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