Source: EURLEX
Language: en
Format: md

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| 12.1.2008 | EN | Official Journal of the European Union | C 8/22 |

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Action brought on 7 November 2007 — Crunch Fitness International v OHIM — ILG (CRUNCH)

(Case T-408/07)

(2008/C 8/40)

Language of the case: English

Parties

Applicant: Crunch Fitness International Inc. (New York, United States) (represented by: J. Barry, Solicitor)

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

Other party to the proceedings before the Board of Appeal: ILG Ltd (Dun Laoghaire, Ireland)

Form of order sought

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| — | The decision of the Fourth Board of Appeal in relation to class 41 of the CTM be annulled; |

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| — | the CTM remain registered for services in class 41; and |

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| — | order that OHIM pay its costs both in these proceedings and in the appeal proceedings before OHIM. |

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘CRUNCH’ for goods and services in classes 9, 25 and 41 — Community trade mark No 62 083

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: ILG Ltd

Decision of the Cancellation Division: Partial declaration of invalidity of the Community trade mark for the goods and services in classes 9 and 25

Decision of the Board of Appeal: Declaration of invalidity of the Community trade mark also for the services in class 41

Pleas in law: Infringement of Article 50(1)(a), alternatively Article 50(2), of Council Regulation No 40/94, as the Board of Appeal erred in finding that there was no genuine use of the trade mark in question in the Community in connection with the services in class 41.

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