Case T-246/05: 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

3.9.2005

EN

Official Journal of the European Union

C 217/47

The applicant claims that the Court should:

Pleas in law:

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

the OHIM of 19 April 2005 (Case R 723/2004-1);

— declare opposition proceedings B499 004 inadmissible;

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

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

(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:

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

(Case T-246/05)

(2005/C 217/102)

Community trade mark
concerned:

Coloured figurative mark in black
and yellow, in the form of a tool
for goods 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

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.

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 19 April 2005 (Case R 730/2004-1);

— declare opposition proceedings B498 717 inadmissible;

Decision of
of Appeal:

the Board

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

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

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.