Case T-255/05: Action brought on 8 July 2005 by The Black & Decker Corporation against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hand tool, trade-mark law

C 217/52

EN

Official Journal of the European Union

3.9.2005

Action brought on 8 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

(Case T-255/05)

(2005/C 217/108)

Decision of
of Appeal:

the Board

Annuls the contested decision and
remits the case to the Opposition
Division for further prosecution

(Language in which the application was lodged: English)

Pleas in law:

that

have

claims

applicant

the
The
opposition
been
should
declared inadmissible as it did not
identify
the
earlier marks and signs relied on,
in violation of Rule 18(1) of Regu-
lation No. 2868/1995 (1).

sufficiently

clearly

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 8 July
2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

Atlas Copco Aktiebolag established in Stockholm (Sweden),
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark, OJ L 303, 15/12/1995, p. 1

— annul the contested decision of the First Board of Appeal of

the OHIM of 27 April 2005 (Case R 722/2004-1);

Action brought on 8 July 2005 by Kingdom of Spain
against the Commission of the European Communities

— declare opposition proceedings B503 468 inadmissible;

— order that the costs occasioned by the applicant in the
course of the present proceedings and its appeal be borne
by the OHIM.

(Case T-259/05)

(2005/C 217/109)

Pleas in law and main arguments

(Language of the case: Spanish)

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

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

Trade mark or
cited in opposition:

sign

The applicant

Colour figurative mark in black
and yellow, in the form of a tool
for goods in Class 7 (manually
operated portable electric power
tools etc.)

Atlas Copco Aktiebolag

Non-registered trade marks and
signs, used in the course of trade
in all Member States for power
tools

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 July 2005 by the Kingdom of
Spain, having its seat in Madrid, represented by its Agent,
Miguel Muñoz Pérez.

The applicant claims that the Court should:

— annul Commission Decision 2005/354/EC of 29 April
2005 excluding from Community financing certain expen-
diture incurred by the Member States under the Guarantee
Section of the EAGGF (1) in the part being the object of the
action;

— order the Commission of the European Communities to

pay the costs.