Source: EURLEX
Language: en
Format: md

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| 11.3.2006 | EN | Official Journal of the European Union | C 60/46 |

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Action brought on 30 December 2005 — Tegometall International v OHIM

(Case T-458/05)

(2006/C 60/87)

Language in which the application was lodged: German

Parties

Applicant: Tegometall International AG (Lengwil, Switzerland) (represented by: H. Timmann, 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: Wupperman AG (Leverkusen, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | alter the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 21 October 2005 in Case R 1063/2004-2, served on 2 November 2005, as amended by Corrigendum of 16 November 2005, served on 23 November 2005, and dismiss the application for declaration of invalidity of Community trade mark No 1 227 743 of 23 July 2003; |

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| — | in the alternative, annul that decision and refer the case back to the Second Board of Appeal for further deliberation; |

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| — | order the applicant in the invalidity proceedings to pay the costs of the proceedings before the Cancellation Division and the Board of Appeal and of the present action. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark TEK for goods in Classes 6 and 20 (shelves and parts of shelves, in particular hanging baskets for shelves, all the aforesaid goods of metal or not of wood) — Community trade mark No 1 227 743

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity: Wupperman AG

Decision of the Cancellation Division: Dismissal of the application for declaration of invalidity

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 40/94, since the facts found by the Board of Appeal do not justify cancellation of the mark. In addition, the Board of Appeal has infringed the applicant's right to a fair hearing.

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