Source: EURLEX
Language: en
Format: md

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| 5.2.2005 | EN | Official Journal of the European Union | C 31/26 |

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Action brought on 10 November 2004 by Energy Technologies ET S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-445/04)

(2005/C 31/50)

Language in which the application was lodged: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 10 November 2004 by Energy Technologies ET S.A., established in Fribourg (Switzerland), represented by A. Boman, lawyer.

Aparellaje Elèctrico S.L., established in Hospitalet de Llobregat (Spain), was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

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| — | annul the contested decision of the Fourth Board of Appeal of 7 July 2004 (Case R 0366/2002-4); |

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| — | order the OHIM to pay the applicant's costs relating to this matter. |

Pleas in law and main arguments

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| Applicant for Community trade mark: | Energy Technologies ET S.A. |
| Community trade mark concerned: | Word mark ‘UNEX’ for goods in classes 7 and 11 (Heat exchangers being part of machines; Heat exchangers as well as parts and fitting therefor) - application No 974881 |
| Proprietor of mark or sign cited in the opposition proceedings: | Aparellaje Eléctrico S.L. |
| Trade mark or sign cited in opposition: | Spanish word mark ‘UNEX’ for goods in the old Spanish class 6, 17 and 61 (pipes, screws, cabling and laying of cables and pipes in electronic and electrical engineering systems;...) |
| Decision of the Opposition Division: | Rejection of the application for Community trade mark |
| Decision of the Board of Appeal: | Dismissal of the appeal |
| Pleas in law: | Infringement of Article 8(1)(b) of Regulation No 40/94. |

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