Judgment — ECLI:EU:T:2008:241
Date: 2008-07-02
Language of the case: Spanish
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - unfounded
Origin: Spain

Action brought on 30 November 2006 - Stradivarius España v OHIM - Ricci (Stradivari 1715) (Case T -340/06) Language in which the application was lodged: Spanish Parties Applicant: Stradivarius España (Arteixo, La Coruña, Spain) (represented by: G. Marín Raigal and P. López Ronda, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal of OHIM: Cristina Ricci Form of order sought annul the decision of the First Board of Appeal of OHIM of 7 September 2006 in Case R 1024/2005-1 and, allowing the appeal lodged against Decision No 2205/2005 of the Opposition Division, reject Community trade mark application No 2.269.256 (figurative mark Stradivari 1715) and order the applicant for a Community trade mark to pay the costs of both sets of proceedings; order OHIM to bear its own costs and to pay those incurred by the applicant in the present action; if necessary, order the intervener to bear her own costs and to pay those incurred by the applicant in these proceedings. Pleas in law and main arguments Applicant for a Community trade mark: Cristina Ricci. Community trade mark concerned: Figurative mark "Stradivari 1715" (application for registration No 2.269.256) for products in classes 14, 16 and 18. Proprietor of the mark or sign cited in the opposition proceedings: The applicant. Mark or sign cited in opposition: Figurative mark "Stradivarius", for products in classes 14 and 16 (No 1.246.164) and 18 (No 506.469). Decision of the Opposition Division: Opposition dismissed. Decision of the Board of Appeal: Appeal dismissed. Pleas in law: Incorrect application of Article 8(1)(b) and (5) of Regulation (EC) No 40/94 on the Community Trade Mark. ____________