Case T-450/07: Action brought on 3 December 2007 — Harwin International v OHIM — Cuadrado (Pickwick)
Date: 2007-12-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

C 37/32

EN

Official Journal of the European Union

9.2.2008

Action brought on 3 December 2007 — Harwin
International v OHIM — Cuadrado (Pickwick)

Action brought on 10 December 2007 — WellBiz v OHIM
— Wild (WELLBIZ)

(Case T-450/07)

(2008/C 37/50)

Language in which the application was lodged: English

(Case T-451/07)

(2008/C 37/51)

Language in which the application was lodged: German

Parties

Applicant: Harwin International LLC (Albany, United States)
(represented by: D. Przedborski, lawyer)

Parties

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

Applicant: WellBiz Verein, WellBiz Association
Liechtenstein) (represented by: M. Schnetzer)

(Eschen,

Other party to the proceedings before the Board of Appeal: Cuadrado
SA (Paterna, Spain)

Form of order sought

— Annulment of the decision of the OHIM's Second Board of
Appeal in Case R 1245/2006-2, rendered on 10 September
2007;

— order the defendant and Cuadrado SA to bear their own
costs and to reimburse the costs incurred by the applicant.

Pleas in law and main arguments

the application for a
Registered Community trade mark subject of
declaration of invalidity: The figurative trade mark containing the
word components ‘PICKWICK COLOUR GROUP’ for goods and
services in Class 25 — application No 826669

Proprietor of the Community trade mark: Harwin International LLC

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

Other party to the proceedings before the Board of Appeal: Rudolf
Wild GmbH & Co. KG (Eppelhein, Germany)

Form of order sought

— To annul

the decision of

the First Board of Appeal of

2 October 2007 in Case R 1575/2006-1;

— To reject Opposition No B 809 394 of the opponent of

9 March 2005;

— To order OHIM and the opponent to pay the costs of the
present case and also those incurred in the opposition and
appeal proceedings before OHIM.

Party requesting the declaration of invalidity of the Community trade
mark: Cuadrado SA

Pleas in law and main arguments

Trade mark right of the party requesting the declaration of invalidity:
The earlier national word mark ‘PICK OUIC, CUADRADO SA,
VALENCIA’ and the figurative trade mark containing the word
elements ‘Pick Ouic’ for goods in class 25

Decision of the Cancellation Division: Declared the mark applied
for invalid in its entirety

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘WELLBIZ’
respect of
No 3 844 479).

in
in Classes 35 and 41 (application

services

Decision of the Board of Appeal: Dismissed the appeal

Proprietor of the mark or sign cited in the opposition proceedings:
Rudolf Wild GmbH & Co. KG.

Pleas in law: Infringement of Articles 8(1)(b) and 56(2) and (3)
of Council Regulation (EC) No 40/94.

that

the Board's

to the
The applicant claims
non-examination by the Cancellation Division of the evidence
submitted by Cuadrado is inconsistent and contrary to law.
Furthermore, the applicant submits that there is no likelihood of
confusion between the trademarks concerned.

finding as

Mark or sign cited in opposition: the word mark ‘WILD.BIZ’ for
services in Classes 38, 41 and 42 (Community trade mark
No 2 225 175), the opposition being based on some of the
services in Class 41.

Decision of the Opposition Division: Opposition upheld in relation
to all the contested services in Class 41.

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