Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 22.11.2008 | EN | Official Journal of the European Union | C 301/42 |

---

Action brought on 27 August 2008 — Peek & Cloppenburg and van Graaf v OHIM — Thailand (Thai Silk)

(Case T-361/08)

(2008/C 301/71)

Language in which the application was lodged: German

Parties

Applicants: Peek & Cloppenburg (Hamburg, Germany) and van Graaf GmbH & Co. KG (Vienna, Austria) (represented by: V. von Bombard, A. Renck, T. Dolde and J. Pause, 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: Thailand

Form of order sought

|  |  |
| --- | --- |
| — | annulment of the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) No R 1677/2007-4 of 10 June 2008 |

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

Pleas in law and main arguments

Applicant for a Community trade mark: Thailand

Community trade mark concerned: The figurative trade mark ‘Thai Silk’ with the colours ‘dark blue and white’ for goods in Classes 24 and 25 (Registration No 4 099 297)

Proprietor of the mark or sign cited in the opposition proceedings: the Applicants

Mark or sign cited in opposition: Representation of a black and white peacock for goods and services in Classes 18, 25 and 35.

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as there is a likelihood of confusion between the trade marks at issue due to their similar overall impression.

---

[Top](#document1)