Source: EURLEX
Language: en
Format: md

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| 28.1.2006 | EN | Official Journal of the European Union | C 22/17 |

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Action brought on 14 November 2005 — Manpower Personalservice v OHIM

(Case T-405/05)

(2006/C 22/33)

Language in which the application was lodged: German

Parties

Applicant: Manpower Personalservice GmbH (Sankt Pölten, Austria) (represented by: B. Kuchar, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Manpower Inc. (Milwaukee, Wisconsin, United States of America)

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision of the Fourth Board of Appeal of OHIM of 22 July 2005 in Case R 499/2004-4 and declare the Community trade mark 000076059 invalid for all goods and services; |

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| — | in the alternative, annul the contested decision of the Fourth Board of Appeal of OHIM of 22 July 2005 in Case R 499/2004-4 inasmuch as it relates to the failure to prove the acquired distinctiveness of the Community trade mark 000076059 and refer the case back to the Fourth Board of Appeal |

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| — | In any case, order OHIM and — in the event of written intervention — the proprietor of the Community trade mark to pay their own costs and the applicant's costs as regards the proceedings before OHIM and these proceedings |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘MANPOWER’ for goods and services in Classes 9, 16, 35, 41 and 42 — Community trade mark No 76059

Proprietor of the Community trade mark: Manpower Inc.

Applicant for the declaration of invalidity: The applicant

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: Dismissal of the applicant's appeal

Pleas in law: Infringement of Article 7(1)(b) and Article 7(1)(c) of Council Regulation No 40/94 as the registered mark is descriptive throughout the Community and not distinctive. Moreover, the word 'MANPOWER' needs to be kept free for trade.

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