Source: EURLEX
Language: en
Format: md

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| 3.9.2005 | EN | Official Journal of the European Union | C 217/49 |

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Action brought on 1 July 2005 by MP Temporärpersonal GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-248/05)

(2005/C 217/104)

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 1 July 2005 by MP Temporärpersonal GmbH, established in Graz (Austria) represented by M. Ciresa, lawyer.

Manpower Inc, established in Milwaukee, Wisconsin (USA), 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 decision of the Fourth Board of Appeal of 5 April 2005 (Case R 124/2004-4); |

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| — | order OHIM to pay the costs. |

Pleas in law and main arguments

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| Registered Community trade mark subject of the application for a declaration of invalidity: | The word mark I.T.@MANPOWER for goods and services in classes 9, 16, 35, 38, 41 and 42 — Community trade mark No 861 559 |
| Proprietor of the Community trade mark: | Manpower Inc. |
| Party requesting the declaration of invalidity of the Community trade mark: | MP Temporärpersonal GmbH |
| Grounds for the request for declaration of invalidity: | Article 51(1)(a) of Council Regulation No 40/94 in conjunction with Article 7(1)(b), (c), (d) and (g) of Council Regulation No 40/94 |
| Decision of the Cancellation Division: | Rejection of the request for a declaration of invalidity |
| Decision of the Board of Appeal: | Dismissal of the appeal |
| Pleas in law: | Violation of Article 7(1)(b), (c), (d) and (g) of Council Regulation No 40/94 |

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