Case T-181/07: Action brought on 25 May 2007 — Eurocopter v OHIM (STEADYCONTROL)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, electronic device, helicopter, telecommunications, 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)

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.