Case T-283/07: Action brought on 24 July 2007 — Tom Tailor v OHIM (Gesäßtasche rechts)
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

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).