Judgment — ECLI:EU:T:2008:39
Date: 2008-02-14
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: France

Notice for the OJ Action brought on 4 May 2005 by Usinor against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Case T-189/05) Language of the case: French 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 4 May 2005 by Usinor, whose registered office is in Paris, represented by Patrice de Condé, lawyer. The applicant claims that the Court should: annul the decision of the First Board of Appeal of OHIM of 10 February 2005; order OHIM to pay the costs. Pleas in law and main arguments: Applicant for Community trade mark:CORUS UK LimitedCommunity trade mark sought:Word mark GALVALLOY - application No 796 557, for goods in Class 6 (steel sheet and strip etc)Proprietor of mark or sign cited in the opposition proceedings:ApplicantMark or sign cited in opposition:National word mark GALVALLIA for goods in Class 6 (steel sheet and strip etc)Decision of the Opposition Division:Registration refusedDecision of the Board of Appeal:Decision of the Opposition Division annulledPleas in law:Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 1 ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ L 11 of 14.1.1994, p. 1.