Case T-278/05: 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 217/59

Pleas in law and main arguments

Action brought on 20 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

(Case T-278/05)

(2005/C 217/118)

Community trade mark
concerned:

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

(Language in which the application was lodged: English)

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

Atlas Copco Aktiebolag

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

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 20
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:

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

the OHIM of 3 May 2005 (Case R 792/2004-1);

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

— declare opposition proceedings B623 688 inadmissible;

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

Decision of
of Appeal:

the Board

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

Pleas in law and main arguments

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

(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

Applicant
munity trade mark:

for

Com-

The applicant

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

C 217/60

EN

Official Journal of the European Union

3.9.2005

Decision of the Opposi-
tion Division:

Rejects opposition as inadmissible

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

the OHIM of 3 May 2005 (Case R 793/2004-1);

Decision of
of Appeal:

the Board

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

— declare opposition proceedings B622 300 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:

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

(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

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

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:

Atlas Copco Aktiebolag

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

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

(Case T-279/05)

(2005/C 217/119)

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

(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

(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

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 20
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: