Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (Third Chamber) of 14 December 2006 – K‑Swiss v OHIM (Parallel stripes on a shoe)**

**(Case T‑14/06)**

Community trade mark – Procedural issues – Plea of inadmissibility – Notification of the decision of the Board of Appeal – Time-limit for bringing an action

Community trade mark – Procedural provisions (Commission Regulation No 2868/95, Art. 1, Rules 61(2), 62(1) and (3) and 68) (see paras 22, 25-26,
28)

**Re:**

|  |
| --- |
| ACTION brought against the decision of the First Board of Appeal of OHIM of 26 September 2005 (Case R 1109/2004-1), concerning registration of a mark in the form of five parallel stripes placed on the lateral part of a representation of a shoe as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | K‑Swiss, Inc. |
| Community trade mark sought: | Figurative mark representing a shoe with five parallel stripes on the side for goods in Class 25 – Application No 2788511 |
| Decision of the Examiner: | Application dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
|  |  | Dismisses the action as inadmissible; |

|  |  |  |
| --- | --- | --- |
|  |  | Orders the applicant to pay the costs. |

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