Case T-74/06: Action brought on  3 March 2006  — Fox Racing/OHIM
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for failure to fulfil an obligation, trade-mark law

C 108/24

EN

Official Journal of the European Union

6.5.2006

— Alternatively, appoint an expert or a body of experts with
responsibility for giving the Court guidance on whether or
on what conditions the shape of a manufactured good or
the representation of its outline can have as much influence
on the public's memory of it as an accompanying term, as
an indication of its business origin, and reserve the costs.

clothing, namely jackets,
jerseys,
shirts, pants, blouses, tights, shorts, hats, caps, sweatbands,
headbands, gloves, belts, shoes, boots, socks and aprons
(Class 25);

sweatshirts,

raincoats,

— order OHIM to pay the costs of this application.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Figurative trade mark repre-
senting a bag in respect of goods in Class 18 (Application No
003598571)

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 4 and Article 7(1)(b) of
Council Regulation No 40/94. The applicant argues that the
trade mark has enough distinctive character to distinguish and
characterise a bag or a range of bags from one undertaking
from those from other undertakings.

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SHIFT’ for
goods in classes 9, 16, 18 and 25 — application No 2419349

Proprietor of the mark or sign cited in the opposition proceedings:
Lloyd Lifestyle Limited

Mark or sign cited: The Community figurative mark and earlier
non-registered work mark ‘Swift’ and the national figurative
mark ‘Swift leathers’ for goods in classes 9 and 25

Decision of the Opposition Division: Refuses registration

Decision of the Board of Appeal: Annuls the contested decision
insofar as it rejected the application for ‘pressure air gauges’
and goods in classes 16 and 18; confirms the contested deci-
sion for the remainder

Action brought on 3 March 2006 — Fox Racing/OHIM

Pleas in law: Violation of Article 8(1)(b) of Council Regulation
(EC) No 40/94.

(Case T-74/06)

(2006/C 108/44)

Language in which the application was lodged: English

Action brought on 24 February 2006 — Plásticos
Españoles (Aspla) v Commission

Parties

Applicant: Fox Racing Inc. (Morgan Hill, USA) [represented by:
P. Brownlow, Solicitor]

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-76/06)

(2006/C 108/45)

Language of the case: Spanish

Other party to the proceedings before the Board of Appeal: Lloyd IP
Limited (Penrith, United Kingdom)

Parties

Form of order sought

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Markets (Trade
Marks and Designs) (‘OHIM’), of 8 December 2005 (Case R
1180/2004 — 1) in part, insofar as it rejected the applica-
tion in respect of motorcycle and safety helmets and protec-
tive clothing for motorcyclists and cyclists (Class 9) and

Applicant: Plásticos Españoles S.A. (Aspla) (Torrelavega, Spain)
(represented by: E. Garayar and A. García Castillo, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— declare the present action for annulment admissible;