Case T-282/07: Action brought on 24 July 2007 — Tailor v OHIM (Gesäßtasche links)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), clothing industry, trade-mark law

6.10.2007

EN

Official Journal of the European Union

C 235/15

Pleas in law: The applicant claims that the contested decision
infringes Article 43 CTMR and Rule 22 CTMIR since the justifi-
cation of the First Board of Appeal, which held that the non-use
of the national trademark ‘LEVELINA’ was justified for a certain
type of pharmaceutical products and preparations, cannot
constitute a ‘proper
for non-use in the sense of
Article 43(2) CTMR. Moreover, the applicant contends that even
if the Court were to consider that the finding of the Board was
correct and that non-use was sufficiently justified, the contested
decision allegedly infringes Article 8(1)(b) CTMR.

reason’

trade mark No 2 065 100),
‘BLUE BBVA’ (Community trade
mark No 2 065 621), ‘TARJETA BLUE BBVA’ (Community trade
mark No 2 277 291), ‘QNTAME BLUE’ (Community trade mark
(Community trade mark
‘HIPOTECA BLUE’
No 2 391 878),
No 2 392 181),
‘HIPOTECA BLUE JOVEN’ (Community trade
mark No 2 794 998) and ‘MOTOR BLUE JOVEN’ (Community
trade mark No 3 060 878).

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration rejected.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), since the opposing marks are not similar and
there is therefore no likelihood of confusion.

(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 July 2007 — ecoblue v OHIM —
BBVA (Ecoblue)

(Case T-281/07)

(2007/C 235/27)

Language in which the application was lodged: German

Parties

Action brought on 24 July 2007 — Tailor v OHIM
(Gesäßtasche links)

Applicant: ecoblue AG (Munich, Germany) (represented by: C.
Osterrieth and T. Schmitz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Banco Bilbao Vizcaya Argentaria, SA

(Case T-282/07)

(2007/C 235/28)

Language of the case: German

Form of order sought

Parties

— annul the decision of the First Board of Appeal of OHIM of

25 April 2007 in Case No R 844/2006-1;

Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented
by: S.O. Gillert, K. Vanden Bossche and F. Schiwek, lawyers)

— reject the opposition filed by Banco Bilbao Vizcaya Argen-

taria, S.A. against the ‘Ecoblue’ word mark applied for;

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

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Form of order sought

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 15 May 2007 (Case R 669/2006-1);

Community trade mark concerned: The word mark ‘Ecoblue’ for
services in Classes 35, 36 and 38 (application No 2 871 598).

— order the defendant to pay the costs.

Proprietor of the mark or sign cited in the opposition proceedings:
Banco Bilbao Vizcaya Argentaria, SA.

Pleas in law and main arguments

Mark or sign cited in opposition: The word marks ‘BLUE’ (Com-
munity trade mark No 1 345 974), ‘BLUE JOVEN’ (Community

Community trade mark concerned: The figurative mark ‘Gesäßtasche
links’ for goods in Class 25 (Application No 4 287 751).

C 235/16

EN

Official Journal of the European Union

6.10.2007

Decision of the Examiner: Rejection of the application.

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

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), as the figurative mark applied for is sufficiently
distinctive.

Action brought on 24 July 2007 — Torres v OHIM —
Torres de Anguix (TORRES de ANGUIX)

(Case T-286/07)

(2007/C 235/30)

Language in which the application was lodged: Spanish

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

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

Parties

Action brought on 24 July 2007 — Tom Tailor v OHIM
(Gesäßtasche rechts)

(Case T-283/07)

(2007/C 235/29)

Language of the case: German

Applicant: Miguel Torres, S.A. (Barcelona, Spain) (represented by:
E Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-
Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Torres de Anguix, S.L.

Form of order sought

— Annul the decision of the Second Board of Appeal of OHIM

of 2 May 2007 in the case No R 707/2006-2;

Parties

— Order expressly that OHIM pay the costs.

Applicant: Tom Tailor GmbH (Hamburg, Germany) (represented
by: S.O. Gillert, K. Vanden Bossche and F. Schiwek)

Pleas in law and main arguments

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

Applicant for a Community trade mark: TORRES DE ANGUIX S.L.

Form of order sought

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 15 May 2007 (Case R 668/2006-1);

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘Gesäßtasche
rechts’ for goods in Class 25 (Application No 4 287 769).

Decision of the Examiner: Rejection of the application.

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

Community trade mark concerned: Figurative mark ‘TORRES de
ANGUIX’ for goods and services in Classes 33, 35and 39 (appli-
cation No 3283652)

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

(Com-
Mark or sign cited in opposition: Word mark ‘TORRES’
munity trade mark No 1752526) for goods in class 33 and
various other Community, national and international
trade
marks which include the word ‘TORRES’ alone or accompanied
by other words or graphics.

Decision of the Opposition Division: Opposition upheld and appli-
cation for registration of the mark applied for refused.

Decision of
under appeal which refused the mark applied for annulled.

the Board of Appeal: Appeal upheld and decision

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), as the figurative mark applied for is sufficiently
distinctive.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) given that there is a likelihood of confusion of the
conflicting marks.

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

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

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

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