Case T-179/07: Action brought on 23 May 2007 — Anvil Knitwear v OHIM — Aprile e Aprile (Aprile)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, leather industry, trade-mark law

C 170/32

EN

Official Journal of the European Union

21.7.2007

Form of order sought

— annul the decision of the First Board of Appeal of OHIM of
15 March 2007, Case R 1249/2006-1, in so far as it refused
to grant
its Community trade mark application CYBER-
HOME No 4 114 666 for part of the goods and services
applied for in Classes 9, 36 and 38;

— the granting of

its Community trade mark application
CYBERHOME No 4 114 666 for all the goods and services
applied for

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘CYBERHOME’ for
goods and services in Classes 9, 36 and 38 (application
No 4 114 666)

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: The applicant submits that, contrary to the Board
of Appeal of OHIM's finding in the contested decision, its mark
is arbitrary and is sufficiently distinctive in relation to the goods
and services applied for to meet the requirements of Council
Regulation No 40/94 (1).

(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 23 May 2007 — Anvil Knitwear v
OHIM — Aprile e Aprile (Aprile)

(Case T-179/07)

(2007/C 170/62)

Language in which the application was lodged: English

based on German trade mark registration No 30 011 766
‘ANVIL’
application
No 3 800 232 ‘Aprile’ & device be annulled;

against Community

trade mark

— the opposition against Community trade mark application
No 3 800 232 ‘Aprile’ & device be granted and application
for registration of Community trade mark No 3 800 232
‘Aprile’ & device be rejected;

— defendant pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for the Community trade mark: Aprile e Aprile Srl

Community trade mark concerned: The figurative mark ‘Aprile’ for
goods in classes 18 and 25 — application No 3 800 232

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

Mark or sign cited: The national word mark ‘ANVIL’ for goods in
class 25

Decision of the Opposition Division: Rejection of the opposition in
its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Articles 8(1), 73 and 74 of Council
Regulation No 40/94 as the Board of Appeal did not evaluate
the aspects of the partial identity and partial similarity of the
goods in question as well as the increased distinctiveness of the
earlier mark. Furthermore the Board of Appeal did neither
objectively nor without prejudice state the reasons on which its
decision was based, nor did it take the uncontested facts of the
proceedings properly into account.

Action brought on 25 May 2007 — Eurocopter v OHIM
(STEADYCONTROL)

Parties

Applicant: Anvil Knitwear, Inc. (New York, USA) (represented by:
G. Würtenberger, T. Wittmann, lawyers, and R. Kunze, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Aprile e
Aprile Srl (Frazione Funo, Italy)

Parties

(Case T-181/07)

(2007/C 170/63)

Language of the case: French

Form of order sought

Applicant: Eurocopter (Marignane, France)
Soler Borda, lawyer)

(represented by E.

— The decision of the Second Board of Appeal of 22 March
2007 in Case R 1076/2006-2 concerning the opposition

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