Case T-184/07: Action brought on 25 May 2007 — Avon Products v OHIM (ANEW ALTERNATIVE)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

21.7.2007

EN

Official Journal of the European Union

C 170/33

Form of order sought

— annulment of the decision of the Fourth Board of Appeal of
OHIM of 12 March 2007 concerning the application for a
Community trade mark STEADYCONTROL No 3 560 935
(R 8/2006-4) in its entirety.

Designs) of 7 March 2007 in Case R 1285/2005-1 be
annulled;

— the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) be ordered to pay the costs incurred by
the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘STEADYCONTROL’
in respect of goods in Classes 9, 12 and 38 (application
No 3 560 935)

Decision of the Examiner: Partial refusal of registration in respect
of products in Classes 9 and 12

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:
Infringement of Article 7(1)(b) and (c) and of
Article 7(2) of Council Regulation No 40/94 (1) in so far as,
according to the applicant and in contrast to the grounds of the
contested decision, the word ‘STEADYCONTROL’ is not descrip-
tive and allows the goods applied for to be distinguished.

Applicant for the Community trade mark: Tequilas del Señor SA de
CV

Community trade mark concerned: The figurative Community trade
mark ‘TEQUILA GOLD Sombrero Negro’ for goods in Class 33
— application No 2 722 122

Proprietor of the mark or sign cited in the opposition proceedings:
Borco-Marken-Import Matthiesen GmbH & Co. KG

Mark or sign cited: The figurative national trade marks containing
the word elements ‘SIERRA’ and ‘CACTUS JACK SHOOTER’ as
well as the figurative national
trade mark picturing a ‘red
sombrero hat’ for goods in Class 33

Decision of the Opposition Division: Rejected the opposition

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994, L 11, p. 1).

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation (EC) No 40/94.

Action brought on 29 May 2007 — Borco-Marken-Import
Matthiesen v OHMI — Tequilas del Señor (TEQUILA
GOLD Sombrero Negro)

(Case T-182/07)

(2007/C 170/64)

Language in which the application was lodged: English

Parties

Applicant: Borco-Marken-Import Matthiesen GmbH & Co. KG
(Hamburg, Germany) (represented by: M. Wolter, laywer)

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

Other party to the proceedings before the Board of Appeal: Tequilas
del Señor S A de CV (Guadalajara, Mexico)

Form of order sought

The applicant requests that:

— The decision of the First Board of Appeal of the Office for
(Trade Marks and

Harmonisation in the Internal Market

Action brought on 25 May 2007 — Avon Products v OHIM
(ANEW ALTERNATIVE)

(Case T-184/07)

(2007/C 170/65)

Language of the case: English

Parties

Applicant: Avon Products, Inc. (New York, United States) (repre-
sented by: C. Heitmann-Lichtenstein, lawyer)

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

Form of order sought

— Annul

the decision of

the Second Board of Appeal of
the Office
Internal Market
(Trade Marks and Designs) of 22 March 2007 in Case
R 1471/2006-2;

for Harmonisation in the

— order the defendant to pay the costs.

C 170/34

EN

Official Journal of the European Union

21.7.2007

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘ANEW ALTER-
NATIVE’ for goods in class 3 — application No 4 357 919

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulation No 40/94 and of the principle of equal treatment.

Action brought on 29 May 2007 — Calvin Klein Trademark
Trust v OHIM — Zafra Marroquineros (CK CREACIONES
KENNYA)

(Case T-185/07)

(2007/C 170/66)

Language in which the application was lodged: Spanish

Parties

Applicant: Calvin Klein Trademark Trust
(Delaware, United
States) (represented by: T. Andrade Boué, M.I. Lehmann Novo
and A. Hernández Lehmann, lawyers)

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

Community trade mark concerned: The word mark ‘CK CREA-
CIONES KENNYA’ for goods in Classes 18 and 25 (application
No 3.386.604).

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant.

Mark or sign cited in opposition: Primarily the Community figura-
tive mark ‘CK Calvin Klein’ (mark No 66.712) for goods and
services in Classes 3, 4, 8, 9, 14, 16, 20, 21, 24-27, 35 and 42
and the national marks ‘CK’ for goods in Classes 18 and 25.

Decision of the Opposition Division: Rejection of the opposition.

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

Pleas in law: Infringement of Article 8(1) and (5) of Regulation
(EC) No 40/94 (1) since there exists a likelihood of confusion
between the marks in dispute and the mark ‘CK’ is well known.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 29 May 2007 — Ashoka v OHIM
(DREAM IT, DO IT!)

(Case T-186/07)

(2007/C 170/67)

Language of the case: English

Other party to the proceedings before the Board of Appeal of OHIM:
Zafra Marroquineros, S.L.

Parties

Form of order sought

Applicant: Ashoka (Arlington, United States) (represented by: A.
Link and A. Jaeger-Lenz, lawyers)

— annulment of the contested decision of 29 March 2007 in

Case R 314/2006-2;

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

— rejection of Community word mark No 3 386 604 CK

CREACIONES KENNYA;

— order OHIM to pay the costs including those of the inter-

Form of order sought

vener.

Pleas in law and main arguments

— Annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 15 March 2007 (Case R 635/2006-1);

— order OHIM to bear its own costs and to pay those incurred

Applicant for a Community trade mark: Zafra Marroquineros, S.L.

by the applicant.