Source: EURLEX
Language: en
Format: md

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| 12.8.2006 | EN | Official Journal of the European Union | C 190/27 |

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Action brought on 19 June 2006 — Fiorucci v OHIM — EDWIN (word mark ‘Elio Fiorucci’)

(Case T-165/06)

(2006/C 190/50)

Language in which the application was lodged: Italian

Parties

Applicant: Elio Fiorucci (represented by: Adriano Vanzetti, Giulio Sironi and Francesco Rossi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: EDWIN CO LTD

Form of order sought

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| — | Annul the decision of the First Board of Appeal of OHIM of 6 April 2006 in Case R 238/2005-1 and declare Community trade mark No 000709006 ‘Elio Fiorucci’, filed on 23 December 1997 and registered on 6 April 1999, is invalid or, in the alternative, revoked; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘Elio Fiorucci’ (application for registration No 709.006 for goods in Classes 3, 18 and 25).

Proprietor of the Community trade mark: EDWIN CO. LTD.

Applicant for the declaration of invalidity: the applicant.

Trade mark right of applicant for the declaration: right to the use of his own name.

Decision of the Cancellation Division: application for declaration of invalidity granted.

Decision of the Board of Appeal: appeal granted and application for declaration of invalidity rejected.

Pleas in law: Infringement of Articles 52(2)(a), 12(a) and 50(1)(c) of Regulation (EC) No 40/94 on the Community trade mark in the light of, respectively, Articles 8(3), 21(1)(a), and 26(1)(b) of the Italian Industrial Property Code.

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