Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.4.2006 | EN | Official Journal of the European Union | C 96/27 |

---

Action brought on 20 February 2006 — Elini N.V. v OHIM

(Case T -67/06)

(2006/C 96/45)

Language in which the application was lodged: Dutch

Parties

Applicant: Elini N.V. (Antwerp, Belgium) (represented by: F. Cornette and S. Tilsley, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rolex. S.A (Geneva, Switzerland)

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | review and annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 December 2005 (Case R-725/2004-4); |

|  |  |
| --- | --- |
| — | order OHIM to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Elini N.V.

Community trade mark concerned: the figurative mark ‘Elini’ for goods in class 14 (jewellery; watches; watch straps, watch glasses, watch chains and precious stones)

Proprietor of the mark or sign cited in the opposition proceedings: Rolex S.A.

Mark or sign cited in opposition: the figurative mark ‘Cellini’ for goods in class 14 (registration number 1 456 102)

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: annulment of the decision of the Opposition Division and rejection of the application for a Community trade mark

Pleas in law: breach of Article 8(1)(b) of Regulation No 40/94.

---

[Top](#document1)