Case T-247/05: Action brought on 4 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 217/48

EN

Official Journal of the European Union

3.9.2005

Pleas in law and main arguments

Action brought on 4 July 2005 by The Black & Decker
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

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.)

(Case T-247/05)

(2005/C 217/103)

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

Atlas Copco Aktiebolag

(Language in which the application was lodged: English)

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

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

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

Decision of
of Appeal:

the Board

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

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

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

The applicant claims that the Court should:

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

the OHIM of 27 April 2005 (Case R 724/2004-1);

(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

— declare opposition proceedings B497 109 inadmissible;

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

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