Source: EURLEX
Language: en
Format: md

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| 23.7.2005 | EN | Official Journal of the European Union | C 182/44 |

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Action brought on 7 June 2005 by Bustec Ireland Limited Partnership against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-218/05)

(2005/C 182/82)

Language in which the application was submitted: Spanish

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 7 June 2005 by Bustec Ireland Limited Partnership, represented by Enrique Armijo Chavarri and Antonio Castán Peréz-Goméz, lawyers.

Mustek, S.L. was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

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| 1. | annul the decision of the Second Board of Appeal of 22 March 2005 in Case R 1125/2004-2; |

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| 2. | order OHIM to pay the costs. |

Pleas in law and main arguments:

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| Applicant for Community trade mark: | The applicant |
| Community trade mark sought: | Figurative mark BUSTEC — Application No 1644939, for goods in Classes 9, 35 and 42 |
| Proprietor of mark or sign cited in the opposition proceedings: | Mustek, S.L. |
| Mark or sign cited in opposition: | Spanish word mark MUSTEK (No 1550684) for goods in Class 9 |
| Decision of the Opposition Division: | Opposition allowed |
| Decision of the Board of Appeal: | Dismissal of the appeal, on the ground that the applicant did not file the requisite written statement setting out the grounds of appeal within the period of four months provided for in Article 59 of Regulation (EC) No 40/94 on the Community trade mark |
| Pleas in law: | Infringement of the rights of the defence and incorrect interpretation of Article 59 of Regulation (EC) No 40/94 on the Community trade mark |

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