Source: EURLEX
Language: en
Format: md

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| 3.6.2006 | EN | Official Journal of the European Union | C 131/46 |

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Action brought on 7 April 2006 — Inter-IKEA v OHIM

(Case T-112/06)

(2006/C 131/86)

Language in which the application was lodged: English

Parties

Applicant: Inter-IKEA Systems BV (Delft, Netherlands) (represented by: Jonas Gulliksson and Jens Olsson, lawyers)

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

Other party to the proceedings before the Board of Appeal: Walter Waibel

Form of order sought

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| — | Annul the contested decision, and |

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| — | order OHIM to pay the costs incurred both in these proceedings and in the invalidity proceedings before OHIM. |

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: the figurative Trade Mark ‘idea’ for goods and services in classes 16, 20 and 42 (Community Trade Mark registration No 283 952)

Proprietor of the Community trade mark: Walter Waibel

Party requesting the declaration of invalidity of the Community trade mark: Inter IKEA Systems B.V.

Trade mark right of the party requesting the declaration of invalidity: several Community and national, figurative and word trade marks for goods and services in classes 16, 20 and 42

Decision of the Cancellation Division: invalidity of the trade mark ‘idea’

Decision of the Board of Appeal: rejection of the request for invalidity

Pleas in law: infringement of Articles 52(1)(a) and 8(1)(b) of Council Regulation No 40/94

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