Case T-248/05: Action brought on 1 July 2005 by MP Temporärpersonal GmbH 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), temporary employment agency, trade-mark law

3.9.2005

EN

Official Journal of the European Union

C 217/49

Pleas in law and main arguments

Action brought on 1 July 2005 by MP Temporärpersonal
GmbH against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Applicant
munity trade mark:

for

Com-

The applicant

(Case T-248/05)

(2005/C 217/104)

Community trade mark
concerned:

Colour three-dimensional mark in
black and yellow, in the form of a
tool
7
(manually operated portable elec-
tric power tools etc.)

in Class

goods

for

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

Atlas Copco Aktiebolag

(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 1 July
2005 by MP Temporärpersonal GmbH, established in Graz
(Austria) represented by M. Ciresa, lawyer.

Manpower Inc, established in Milwaukee, Wisconsin (USA), was
also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of 5 April

2005 (Case R 124/2004-4);

Trade mark or
cited in opposition:

sign

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

— order OHIM to pay the costs.

Pleas in law and main arguments

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

Decision of
of Appeal:

the Board

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

Pleas in law:

that

have

claims

applicant

the
The
been
should
opposition
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

Registered Community
trade mark subject of
the application for a
declaration of invalidity:

The word mark I.T.@MANPOWER
for goods and services in classes 9,
16, 35, 38, 41 and 42 — Com-
munity trade mark No 861 559

Proprietor of the Com-
munity trade mark:

Manpower Inc.

Party
the
requesting
declaration of invalidity
of the Community trade
mark:

Grounds for the request
for declaration of inva-
lidity:

MP Temporärpersonal GmbH

Article 51(1)(a) of Council Regu-
lation No 40/94 in conjunction
with Article 7(1)(b), (c), (d) and (g)
of Council Regulation No 40/94

Decision of the Cancel-
lation Division:

Rejection of
declaration of invalidity

the request

for a

(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

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Violation of Article 7(1)(b), (c), (d)
and (g) of Council Regulation No
40/94