Source: EURLEX
Language: en
Format: md

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| 11.2.2006 | EN | Official Journal of the European Union | C 36/33 |

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Action brought on 22 November 2005 — NHL Enterprises/OHIM

(Case T-414/05)

(2006/C 36/70)

Language in which the application was lodged: English

Parties

Applicant: NHL Enterprises B.V. (Rijswijk, The Netherlands) [represented by: G. Llewelyn, Solicitor]

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

Other party to the proceedings before the Board of Appeal: Glory & Pompea (Mataró, Spain)

Form of order sought

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| — | Annul the contested decision; |

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| — | order OHIM and the intervener 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 ‘LA KINGS’ for goods in classes 16, 25 and 41 — application No 1 041 102

Proprietor of the mark or sign cited in the opposition proceedings: Manufacturas Antonio Gassol S.A. The mark cited in the opposition was later assigned to Glory & Pompea, S.A.

Mark or sign cited: The national figurative mark ‘KING’ for goods in class 25

Decision of the Opposition Division: Opposition upheld for all the goods applied for in class 25

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the degree of similarity between the marks at issue, notwithstanding the identity of the goods, is not sufficiently high.

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