Judgment — ECLI:EU:T:2005:466
Date: 2005-12-15
Language of the case: French
Court formation: Third 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

Notice for the OJ Action brought on 22 September 2004 by RB Square Holdings Spain S.L. against the Office for Harmonisation in the Internal Market (Case T-384/04) Language in which the application was drafted: French An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 22 September 2004 by RB Square Holdings Spain S.L., established in Barcelona (Spain), represented by K. Manhaeve, lawyer, with an address for service in Luxembourg. Unelko N.V. was also a party to the proceedings before the Fourth Board of Appeal. The applicant claims that the Court should: - annul Decision R 652/2002-4 of the Fourth Board of Appeal of the Office - order the Office to pay all the costs. Pleas in law and main arguments Applicant for the Community trade mark: Unelko N.V. Community trade mark concerned: figurative mark "clean x" - Application No 222 471, filed for goods in Class 3 (bleaching preparations, etc.) Proprietor of the mark or sign asserted by way of opposition in the opposition proceedings: the applicant Trade mark or sign asserted by way of opposition: national word and figurative mark "CLEN" Decision of the Opposition Division: rejection of notice of opposition Decision of the Board of the Appeal: dismissal of the appeal Pleas in law: incorrect application of Article 8(1)(b) of Regulation (EC) No 40/941 ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark - OJ L 11, 14.01.1994, pp. 1-36