Source: EURLEX
Language: en
Format: md

C 180/30 EN Official Journal of the European Communities 27.7.2002

**Action brought on 17 May 2002 by Naipes Heraclio** Decision of the Board of Annulment of the decision of the
**Fournier, S.A. against Office for the Harmonization of the** Appeal: Cancellation Division
**Internal Market (trade marks and designs) (OHIM)**
Grounds of claim: Misapplication of Article 7(1)(b)
and (c) of Regulation (EC) No 40/
94
**(Case T-160/02)**

(2002/C 180/51)

_(Language of the case: Spanish)_

**Action brought on 17 May 2002 by Naipes Heraclio**
**Fournier, S.A. against Office for the Harmonization of the**
**Internal Market (trade marks and designs) (OHIM)**

An action against Office for Harmonization in the Internal
**(Case T-161/02)**
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
17 May 2002 by Naipes Heraclio Fournier, established in
(2002/C 180/52)
Alava (Spain), represented by Enrique Armijo Chavarri.

_(Language of the case: Spanish)_

The applicant claims that the Court should:

—
Annul the decision of the Second Board of Appeal of the An action against Office for Harmonization in the Internal
OHIM of 28 February 2002; Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
17 May 2002 by Naipes Heraclio Fournier, established in

—
Order the OHIM to pay the costs. Alava (Spain), represented by Enrique Armijo Chavarri.

The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of the
_Pleas in law and main arguments_
OHIM of 28 February 2002;

—
order the OHIM to pay the costs.
The Community trade Figurative mark for the ace of
mark concerned: spades depicting a single sword
pointing upwards — Figurative
mark registered under
No 000089565 for products _Pleas in law and main arguments_
within Class 16 (playing cards)

The Community trade Figurative mark depicting a
Proprietor of the right to The applicant mark concerned: ‘caballo de bastos’ (mounted jack
the trade mark or sign of clubs) — Registered trade mark
whose cancellation is No 0000089961 for goods
sought: within Class 16 (playing cards)

Applicant for cancel- Société France Cartes
lation: (See the information for Case T-160/02 Heraclio Fournier v
OHIM)

Decision of the Cancel- Application dismissed
lation Division: