Case T-220/06: Action brought on 16 August 2006 — JAKO-O v OHIM — P.I. Fashion (JAKO-O)
Date: 2006-10-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

C 249/14

EN

Official Journal of the European Union

14.10.2006

Action brought on 16 August 2006 — JAKO-O v OHIM
— P.I. Fashion (JAKO-O)

(Case T-220/06)

(2006/C 249/33)

Language in which the application was lodged: English

The applicant argues that there is no similarity between the
earlier right and the community trademark application either
phonetically, visually or conceptually and therefore, no likeli-
hood of confusion in the sense of the above-mentioned article.
The likelihood of confusion is further reduced, according to the
applicant, by the fame attributed to the element LAGERFELD
by the average consumer, which is to be regarded as the domi-
nant element of the mark.

Parties

Applicant: JAKO-O Möbel und Spielmittel für die junge Familie
(represented by: E. Bertram,
GmbH (Bad Rodach, Germany)
lawyer)

Action brought on 14 August 2006 — Italian Republic v
Commission

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

Other party to the proceedings before the Board of Appeal: P.I.
Fashion B.V. (Amsterdam, The Netherlands)

(Case T-222/06)

(2006/C 249/34)

Language of the case: Italian

Form of order sought

— Annulment of the decision of the Second Board of Appeal
of 14 June 2006 (Case R 1178/2005-2) of the Office of
Harmonisation in the Internal Market;

Parties

Applicant:
lawyer)

Italian Republic (represented by: Paolo Gentili,

— rejection of the opposition No B 553695 against CTM

application No 2395564;

Defendants: Commission of the European Communities

— order the costs of the proceedings to be borne by the defen-

dant.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community word mark
‘JAKO-O’ for goods and services in classes 3, 8, 9, 11, 12, 14,
15, 16, 18, 20, 21, 24, 25, 28, 39 and 41 (soaps, perfumery,
essential oils, cosmetics) — application No 2395564.

Proprietor of the mark or sign cited in the opposition proceedings: P.I.
Fashion B.V.

Form of order sought

The Court is asked to:

— annul Memorandum No 04673 of 6 June 2006 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands — concerning
payments made by the Commission which differ from the
amount requested. Ref. Programme SPD Piemonte (No CCI
2000 IT 16 2 DO 007);

— annul all related and prior measures and, consequently,
order the Commission of the European Communities to
pay the costs.

Mark or sign cited: The national figurative mark ‘LAGERFELD
JAKO’ for goods and services in Class 3.

Pleas in law and main arguments

Decision of the Opposition Division: Opposition upheld for the
contested goods.

The pleas in law and main arguments are similar to those relied
on in Case T-345/04 Italian Republic v Commission (1)

Decision of the Board of Appeal: Dismissal of the appeal.

(1) OJ C 262, 23.10.2004, p. 55.

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation 40/94.