Case T-148/08: Action brought on 21 April 2008 — Beifa Group v OHIM — Schwan-STABILO Schwanhäußer (design of instruments for writing)
Date: 2008-04-21
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), designs and models, industrial counterfeiting, trade-mark law

C 142/36

EN

Official Journal of the European Union

7.6.2008

Action brought on 21 April 2008 — Beifa Group v OHIM
— Schwan-STABILO Schwanhäußer (design of instruments
for writing)

(Case T-148/08)

(2008/C 142/65)

Language in which the application was lodged: English

wrong test to determine whether there was the requisite use of
the trade mark by the applicant; the Third Board of Appeal
should have considered whether the use of the trade mark by
the other party to the proceedings has been both within the
meaning of Article 25(1)(e) of Council Regulation No 6/2002
and German national
in reaching its decision under
Article 25(1)(e) of Council Regulation No 6/2002 the Third
Board of Appeal should have applied the test for trade mark
infringement upheld under German national law.

law;

Parties

Applicant: Beifa Group Co. Ltd (formerly Ningbo Beifa Group
Co. Ltd) (Zhejiang, China) (represented by: R. Davis, Barrister
and N. Cordell, Solicitor)

Action brought on 18 April 2008 — Abbott Laboratories v
OHIM — aRigen (Sorvir)

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

Other party to the proceedings before the Board of Appeal: Schwan-
STABILO Schwanhäußer GmbH & Co KG (Heroldsberg,
Germany)

Form of order sought

— Annul the decision of the Third Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 31 January 2008 in case R 1352/2006-3;

— remit

the matter

further
consideration of the issues raised in the application for inva-
lidity; and

to the Invalidity Division for

— order OHIM to pay the costs.

Pleas in law and main arguments

(Case T-149/08)

(2008/C 142/66)

Language in which the application was lodged: English

Parties

Applicant: Abbott Laboratories (Abbott Park, United States)
(represented by: S. Schäffler, lawyer)

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

Other party to the proceedings before the Board of Appeal: aRigen,
Inc. (Tokyo, Japan)

Registered Community design subject of the application for a declara-
tion of
‘instruments for
writing’ — registered Community design No 352315-0007

invalidity: A design for the product

Form of order sought

Proprietor of the Community design: The applicant

Party requesting the declaration of invalidity of the Community design:
The other party to the proceedings before the Board of Appeal

Trade mark right of the party requesting the declaration of invalidity:
A national
for
writing registered on 14 December 2006 for goods in class 16
— registration No DE 30045470

figurative mark representing an instrument

Decision of
design

the Invalidity Division:

Invalidity of the challenged

Decision of the Board of Appeal: Dismissal of the appeal

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 6 February 2008 in case R 809/2007-2;
and

— order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: aRigen, Inc

Community trade mark concerned: The word mark ‘Sorvir’
goods in class 5 — application No 004 455 507

for

Pleas in law: Infringement of Article 25(1)(e) of Council Regu-
lation No 6/2002 as the Third Board of Appeal applied the

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