Source: EURLEX
Language: en
Format: md

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| 30.12.2006 | EN | Official Journal of the European Union | C 326/80 |

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Action brought on 30 November 2006 — Stradivarius España v OHIM — Ricci (Stradivari 1715)

(Case T-340/06)

(2006/C 326/163)

Language in which the application was lodged: Spanish

Parties

Applicant: Stradivarius España (Arteixo, La Coruña, Spain) (represented by: G. Marín Raigal and P. López Ronda, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Cristina Ricci

Form of order sought

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| — | annul the decision of the First Board of Appeal of OHIM of 7 September 2006 in Case R 1024/2005-1 and, allowing the appeal lodged against Decision No 2205/2005 of the Opposition Division, reject Community trade mark application No 2.269.256 (figurative mark Stradivari 1715) and order the applicant for a Community trade mark to pay the costs of both sets of proceedings; |

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| — | order OHIM to bear its own costs and to pay those incurred by the applicant in the present action; |

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| — | if necessary, order the intervener to bear her own costs and to pay those incurred by the applicant in these proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Cristina Ricci.

Community trade mark concerned: Figurative mark ‘Stradivari 1715’ (application for registration No 2.269.256) for products in classes 14, 16 and 18.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Figurative mark ‘Stradivarius’, for products in classes 14 and 16 (No 1.246.164) and 18 (No 506.469).

Decision of the Opposition Division: Opposition dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect application of Article 8(1)(b) and (5) of Regulation (EC) No 40/94 on the Community Trade Mark.

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