Case T-273/05: Action brought on 20 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

3.9.2005

EN

Official Journal of the European Union

C 217/55

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
OHIM of 4 May 2005 (Case R 849/2004-1) in so far as it
finds that the mark does not satisfy the conditions laid
down in Article 7(1)(b) of Regulation No 40/94;

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:

— order the OHIM to pay the costs.

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

the OHIM of 3 May 2005 (Case R 786/2004-1);

Pleas in law and main arguments:

Community trade mark
concerned:

three

The
dimensional mark
consisting of a square white tablet
showing a green four petalled
floral design for goods in class 3
(Washing and bleaching prepara-
tions and other
for
laundry use; preparations for the
washing cleaning and care of
dishes; soaps;...) — application No
1 684 059

substances

— declare opposition proceedings B623 589 inadmissible;

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

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application

the Board

Dismissal of the appeal

Violation of Article 7(1)(b) of
Council Regulation No 40/94.

Community trade mark
concerned:

Colour mark in black and yellow
in Class 7 (manually operated
portable electric power tools etc.)

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

Trade mark or
cited in opposition:

sign

Atlas Copco Aktiebolag

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

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

Action brought on 20 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Decision of
of Appeal:

the Board

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

(Case T-273/05)

(2005/C 217/113)

Pleas in law:

that

have

claims

applicant

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

sufficiently

clearly

(Language in which the application was lodged: English)

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 20
July 2005 by The Black & Decker Corporation, established in
Towson, Maryland (USA), represented by P. Harris, Solicitor.

(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