# C_2005057EN.01003601.xml

| 5.3.2005 | EN | Official Journal of the European Union | C 57/36 |
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5.3.2005

EN

Official Journal of the European Union

C 57/36

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Action brought on 23 December 2004 by Hammarplast AB against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-499/04)

(2005/C 57/61)

Language in which the application was lodged: English

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 23 December 2004 by Hammarplast, established in Tingsryd (Sweden), represented by R. Almaraz Palmero, lawyer.

Steninge Slott AB, established in Märsta (Sweden), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

| 1. | annul the Decision of the Second Board of Appeal of the OHIM of 25 October 2004 in case R 394/2003-2; |
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1.

annul the Decision of the Second Board of Appeal of the OHIM of 25 October 2004 in case R 394/2003-2;

| 2. | order the office to refuse the registration of the term STENINGE SLOTT as a Community trade mark in respect of the goods in class 21 for which registration has been accepted; |
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2.

order the office to refuse the registration of the term STENINGE SLOTT as a Community trade mark in respect of the goods in class 21 for which registration has been accepted;

| 3. | order the office and the intervening party, Steninge Slott AB, to pay all the costs of the dispute before the Court of First Instance, including those relating to the procedure before the Second Board of Appeal. |
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3.

order the office and the intervening party, Steninge Slott AB, to pay all the costs of the dispute before the Court of First Instance, including those relating to the procedure before the Second Board of Appeal.

Pleas in law and main arguments

| Applicant for Community trade mark: | Steninge Slott AB |
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| Community trade mark concerned: | Word mark ‘STENINGE SLOTT’ for products in class 21 (design products of glass etc.) |
| Proprietor of mark or sign cited in the opposition proceedings: | The applicant |
| Trade mark or sign cited in opposition: | National mark ‘STENINGE KERAMIK’ for products in the same class |
| Decision of the Opposition Division: | Refusal of registration |
| Decision of the Board of Appeal: | Appeal allowed |
| Pleas in law: | Violation of Article 8 paragraph 1 b) of Regulation 40/94 (1) |

Applicant for Community trade mark:

Steninge Slott AB

Community trade mark concerned:

Word mark ‘STENINGE SLOTT’ for products in class 21 (design products of glass etc.)

Proprietor of mark or sign cited in the opposition proceedings:

The applicant

Trade mark or sign cited in opposition:

National mark ‘STENINGE KERAMIK’ for products in the same class

Decision of the Opposition Division:

Refusal of registration

Decision of the Board of Appeal:

Appeal allowed

Pleas in law:

Violation of Article 8 paragraph 1 b) of Regulation 40/94 (1)

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

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