Case T-386/07: Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sports equipment, trade-mark law

C 297/44

EN

Official Journal of the European Union

8.12.2007

Pleas in law and main arguments

Community trade mark concerned: A figurative mark representing a
tractor in red, black and grey for goods in class 12 — applica-
tion No 3 944 139

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Mark or sign cited: The community and national word mark
‘Aygill's’ for goods in classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21,
24, 25, 26, 27 and 28

Decision of
entirety

the Opposition Division: Opposition upheld in its

Decision of the Board of Appeal: Annulment of the Opposition
Division's decision and rejection of the opposition in its entirety

Pleas in law: Infringement of Article 7(1)(b) and (3) of Council
Regulation No 40/94 as the figurative mark applied for had
acquired distinctive character through use.

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94

Action brought on 4 October 2007 — Peek & Cloppenburg
v OHIM — Redfil (Agile)

Action brought on 11 October 2007 — Portuguese
Republic v Commission

(Case T-386/07)

(2007/C 297/89)

Language in which the application was lodged: English

(Case T-387/07)

(2007/C 297/90)

Language of the case: Portuguese

Parties

Applicant: Peek & Cloppenburg (KG)
(Hamburg, Germany)
(represented by: T. Dolde, A. Renck and V. von Bomhard,
lawyers)

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

Other party to the proceedings before the Board of Appeal: Redfil SL
(Barcelona, Spain)

Form of order sought

— Annul the decision of the First Board of Appeal of the
(Trade
in Case

Office for Harmonisation in the Internal Market
Marks
of
and Designs)
No R 1324/2006-2; and

2007

July

26

Parties

Applicant: Portuguese Republic (Lisbon, Portugal)
by: L. Inês Fernandes, S. Rodrigues and A. Gattini, Agents)

(represented

Defendant: Commission of the European Communities

Form of order sought

— annulment

1

of Article

of Commission Decision
C(2007) 3772 of 31 July 2007 reducing the assistance
granted by the European Regional Development Fund for
the global grant ‘SGAIA’ (global grant for local development)
pursuant to Decision C(95) 1769 of the European Commis-
sion of 28 July 1995;

— order that the costs of the proceedings be borne by the

defendant.

— an order that the Commission of the European Commu-

nities should pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: Redfil SL

Pleas in law and main arguments

Community trade mark concerned: The figurative mark ‘Agile’ for
goods in classes 18, 25 and 28 — application No 2 659 456

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

Lack of clarity in the statement of reasons. With the expression
‘as shown above’, the defendant makes a generic reference to the
summarily carried out and reconstructed in the
analysis
contested decision. In Chapter 6,
‘Conclusions’, the defendant
does not clearly identify what are the laws or provisions
infringed by the Portuguese Republic.