Case T-96/05: Action brought on 16 February 2005 by Monte di Massima s.a.s. di Pruneddu Leonardo & C. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, trade-mark law, wine

C 115/26

EN

Official Journal of the European Union

14.5.2005

Action brought on 25 February 2005 by Movingpeople.net
International B.V. against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Thomas Schäfer

(Case T-92/05)

(2005/C 115/48)

(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 25
February 2005 by Movingpeople.net International B.V., estab-
lished in Helmond (The Netherlands), represented by G.S.C.M.
van Roeyen and T. Berendsen, lawyers.

Thomas Schäfer, residing in Schashagen (Germany) was also a
party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the contested decision to the extent that Community
trademark application No 1 997 733 will be accepted for
all goods applied for in classes 10, 12 and 20;

Trade mark or
cited in opposition:

sign

The national word mark ‘MOVING
PEOPLE’ for goods and services in
classes 12 and 37 (Vehicles; flight
operated
electrical
apparatus,
wheelchairs
and patient wheel-
chairs,...)

Decision of the Opposi-
tion Division:

Rejection of the Community trade
mark application for the contested
goods

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Violation of Article 8(1)(b) of
Council Regulation No 40/94

Action brought on 16 February 2005 by Monte di
Massima s.a.s. di Pruneddu Leonardo & C. against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

(Case T-96/05)

(2005/C 115/49)

— order OHIM and/or the opponent to pay the costs.

(Language of the case: Italian)

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

Movingpeople.net
B.V.

International

The figurative mark ‘movingpeo-
ple.net’ for goods in classes 10, 12
and 20 (Vehicles; apparatus for
by
locomotion
or
the aforesaid goods
water,...; all
disabled
specially made
persons
persons
requiring assistance;...) — applica-
tion No 1 997 733

for
other

land,

and

air

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 16
February 2005 by Monte di Massima s.a.s. di Pruneddu
Leonardo & C., represented by Ennio Masu and Paola Ales-
sandra E. Pittalis, lawyers.

The other party to the proceedings before the Board of Appeal
was J. M. Höffele Internationale Handelsgesellschaft.

The applicant claims that the Court should:

1. declare that the decision of 24 November 2004 of the
Board of Appeal of the Office for Harmonisation in the
Internal Market
(Trade Marks and Designs) misapplies
Article 15(2)(a) of Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade mark;

2. order the defendant to pay the costs.

14.5.2005

EN

Official Journal of the European Union

C 115/27

Pleas in law and main arguments:

The other party to the proceedings before the Board of Appeal
was Marcorossi Srl.

Applicant
registra-
for
tion of the Community
trade mark:

Community trade mark
applied for:

Monte di Massima s.a.s.

The applicant claims that the Court should:

mark

Figurative
VALLE
DELLA LUNA — Application for
registration No 2 029 726 for
goods in Class 32 (water, syrups,
beers and non-alcoholic drinks)

1. annul the contested decision which is the subject-matter of

the dispute;

2. order the defendant to pay the costs.

Owner of the mark or
sign cited in the opposi-
tion proceedings:

J. M.
Handelsgesellschaft

Höffele

Internationale

Pleas in law and main arguments:

Mark or sign cited in
the opposition proceed-
ings:

German word mark VALLE DE LA
LUNA for goods
in Class 33
(wines)

Applicant
registra-
for
tion of the Community
trade mark:

Marcorossi Srl.

Decision of the Opposi-
tion Division:

Opposition refused

Community trade mark
applied for:

Word mark MARCOROSSI —
Application for
registration No
1 405 869 for goods in Class 18
(bags, cases, small
leather goods,
wallets, holdalls, umbrellas) and
25 (footwear, belts, clothing)

the Board

Appeal allowed

Decision of
of Appeal

Pleas in law:

Misapplication of Article 15(2)(a)
of Regulation No 40/94 on the
Community trade mark

Owner of the mark or
sign cited in the opposi-
tion proceedings:

Sergio Rossi SpA

Mark or sign cited in
the opposition proceed-
ings:

Italian trade mark and interna-
tional registration MISS ROSSI for
Italian trade
goods in Class 25,
mark SERGIO ROSSI for footwear
in Class 25, and Community trade
mark SERGIO ROSSI for goods in
Classes 3, 18 and 25

Action brought on 22 February 2005 by Sergio Rossi SpA
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

Decision of the Opposi-
tion Division:

Opposition allowed

(Case T-97/05)

(2005/C 115/50)

(Language of the case: Italian)

Decision of
of Appeal:

the Board

Appeal allowed and opposition
refused

Pleas in law:

Misapplication of Article 8 of
Regulation No 40/94 on the Com-
munity trade mark,
inasmuch as
the trade marks which are the
contested
subject-matter of
decision are to be regarded as
incompatible with that provision.

the

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market
Court of First Instance of the European Communities on 22
February 2005 by Sergio Rossi SpA, represented by Alessandro
Ruo, lawyer.