Case T-218/08: Action brought on 11 June 2008 — Lemans v OHIM — Stephen Turner (ICON)
Date: 2008-06-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, vehicle parts

2.8.2008

EN

Official Journal of the European Union

C 197/33

Article 76(1)(f) of the said regulation as the Board of Appeal
erred in not taking into account the affidavit of the applicant's
managing director;
infringement of Article 74(2) of the said
regulation and of Rul 22(1) and (2) of Commission Regulation
No 2868/95 (1) as the further evidence submitted at the appeal's
stage of the opposition proceedings is admissible and has to be
taken into account when assessing the genuine use of the oppo-
sition mark; infringement of applicant's right to be heard as the
Board of Appeal should have taken into account evidence of use
submitted after the time limit.

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Community
trade mark (OJ 1995 L 303, p. 1).

Action brought on 11 June 2008 — Lemans v OHIM —
Stephen Turner (ICON)

(Case T-218/08)

(2008/C 197/57)

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘ICON’ for
goods and services in classes 9, 18 and 25 — application
No 2 197 366

Proprietor of the mark or sign cited in the opposition proceedings: The
other party to the proceedings before the Board of Appeal

Mark or sign cited: The national word mark ‘IKON’ for goods in
class 9 — UK trade mark registration No 2 243 676

Decision of the Opposition Division: Rejection of the application in
its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The Board of Appeal erred in its finding that the
other party to the proceedings before it had locus standi to file
the opposition.

Language in which the application was lodged: English

Action brought on 13 June 2008 — Impala v Commission

Parties

(Case T-229/08)

(2008/C 197/58)

Applicant: Lemans Corporation (Janesville, United States) (repre-
sented by: M. Cover, Solicitor)

Language of the case: English

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

Parties

Other party to the proceedings before the Board of Appeal: Stephen
Turner (Luddington, United Kingdom)

Applicant: Independent Music Publishers and Labels Association
(repre-
(Impala,
sented by: S. Crosby,
J. Golding, Solicitors, and I. Wekstein,
lawyer)

international association)

(Brussels, Belgium)

Form of order sought

Defendant: Commission of the European Communities

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 28 March 2008 in case R 589/2007-2;

Form of order sought

— declare that the opposition be dismissed and that Com-
munity trade mark concerned may proceed to registration;
and

— order the other party to the proceedings before the Board of
including the appeals before the

Appeal to pay the costs,
Board of Appeal and the Court of First Instance.

— annul the Commission's Decision of 3 October 2007 in
Case No COMP/M.3333-Sony/BMG declaring a concentra-
tion compatible with the common market and the func-
tioning of the EEA Agreement, in accordance with Article 8
(2) of Council Regulation (EEC) No 4064/89 (1);

— order the Commission to pay the costs.