Case T-415/07: Action brought on 21 November 2007 — RedEnvelope v OHIM — Red Letter Days (redENVELOPE)
Date: 2007-11-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), distance selling, trade-mark law

12.1.2008

EN

Official Journal of the European Union

C 8/25

Form of order sought

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

— To annul

the decision of

the First Board of Appeal
No R 1545/2006-1 of 2 August 2007 regarding Com-
munity trade mark No 3 585 957 ‘LifeScience’;

— to reject the opposition No B 795 270 of the intervener in

its entirety;

— to order the OHIM to register the Community trade mark

No 3 585 957 ‘LifeScience’ as published;

— to order the other party to pay the costs incurred in the
proceedings before the Court and to order the intervener to
pay the costs of the administrative proceedings before the
Board of Appeal.

Pleas in law and main arguments

Other party to the proceedings before the Board of Appeal: Red Letter
Days Ltd (London, United Kingdom)

Form of order sought

— Annul

the decision of

the First Board of Appeal dated
14 September 2007, No R 1117/2005-1, in so far as the
decision provided for the admission of new evidence in
support of the grounds of opposition;

Applicant for the Community trade mark: The applicant

— order that the defendant pays the applicant's costs of this

appeal.

Community trade mark concerned: The figurative Community trade
mark consisting of a coloured representation of a spiral DNA
chain, an oval and a grid and containing the verbal elements
‘LifeScience’ written below for goods and services in Classes 16,
35, 36, 41, 42 — application No 3 585 957

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings: Life
Sciences Partners Perstock N.V.

Applicant for the Community trade mark: The applicant

sign cited: The figurative Community trade mark
Mark or
consisting of a representation of a naked woman wrapped in a
DNA chain and containing the word elements ‘Life Sciences
Partners’
for services in Classes 35 and 36 — application
No 2 136 026.

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:
Regulation No 40/94.

Infringement of Article 8(1)(b) of (EC) Council

Action brought on 21 November 2007 — RedEnvelope v
OHIM — Red Letter Days (redENVELOPE)

(Case T-415/07)

(2008/C 8/45)

Language of the case: English

Parties

Applicant: RedEnvelope Inc. (San Francisco, United States) (repre-
sented by: A. Poulter, Solicitor)

trade mark

Community
figurative mark
concerned:
‘redENVELOPE’ for services in classes 35 and 42 — application
No 1 601 327

The

Proprietor of the mark or sign cited in the opposition proceedings: Red
Letter Days Ltd

Mark or sign cited: The registered and non-registered national
word and figurative marks ‘RED LETTER’, ‘RED LETTER DAYS’
and ‘RED LETTER DAYS PLC’ for goods and services in classes
9, 14, 16, 18, 21, 22, 25, 26, 33, 36, 39, 41, 42, 43 and 44

Decision of the Opposition Division: Opposition partially upheld

Decision of the Board of Appeal: Annulment of the Opposition
Division's decision and remittal of the case to the Opposition
Division for
regards
Article 8(4) of Council Regulation No 40/94

further consideration in so far as it

Pleas in law: Violation of Article 74(2) of Council Regulation
No 40/94, as the Board of Appeal admitted new evidence,
which will allow the Opposition Division to make a decision
based on evidence, which was not available earlier
in the
proceedings and to which the applicant has not had an opportu-
nity to respond before the Opposition Division.