Source: EURLEX
Language: en
Format: md

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| 25.3.2006 | EN | Official Journal of the European Union | C 74/22 |

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Action brought on 12 December 2005 — Ajinomoto/OHIM

(Case T-436/05)

(2006/C 74/43)

Language in which the application was lodged: English

Parties

Applicant: Ajinomoto Co., Inc. (Tokyo, Japan) [represented by: G. Würtenberger and R. Kunze, lawyers]

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

Other party/parties to the proceedings before the Board of Appeal: Kaminomoto Co. Ltd. (Hyogo-Ken, Japan)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of OHIM dated 15 September 2005 in case R 1143/2004-1; |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘AJINOMOTO’ for goods in classes 1, 5, 29, 30 and 31 — application No 1 307 024

Proprietor of the mark or sign cited in the opposition proceedings: Kaminomoto Co. Ltd.

Mark or sign cited: The national word mark ‘KAMINOMOTO’ for goods in class 3

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Annulment of the Opposition Division's decision

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 since the Board of Appeal according to the applicant held that the opponent in the opposition proceedings only had to prove the existence of an earlier right at the time of the filing of the opposition. According to the applicant it is the time of the decision of the Opposition Division, or alternatively when the time-limit for providing further evidence expires, by which an earlier right has to be proven to be in force.

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