Source: EURLEX
Language: en
Format: md

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| 17.4.2010 | EN | Official Journal of the European Union | C 100/57 |

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Action brought on 10 February 2010 — Jackson International v OHIM — Royal Shakespeare (ROYAL SHAKESPEARE)

(Case T-60/10)

2010/C 100/85

Language in which the application was lodged: English

Parties

Applicant: Jackson International Trading Company Kurt D. Brühl Gesellschaft m.b.H. & Co. KG (Graz, Austria) (represented by: S. Di Natale and H.G. Zeiner, lawyers)

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

Other party to the proceedings before the Board of Appeal: The Royal Shakespeare Company (Stratford-upon-Avon, United Kingdom)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2009 in case R 317/2009-1; and |

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| — | Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘ROYAL SHAKESPEARE’ for goods and services in classes 32, 33 and 42

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Trade mark right of the party requesting the declaration of invalidity: Community trade mark registration of the word mark ‘RSC-ROYAL SHAKESPEARE COMPANY’, for services in class 41; United Kingdom trade mark registration of the figurative mark ‘RSC ROYAL SHAKESPEARE COMPANY’, for services in class 41; non-registered trade mark ‘ROYAL SHAKESPEARE COMPANY’, used in the course of trade in the United Kingdom for various services.

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Annulled the decision of the Cancellation Division and, as a result, declared invalid the registered Community trade mark subject of the application for a declaration of invalidity

Pleas in law: Infringement of Article 8(5) of Council Regulation 207/2009, as the Board of Appeal wrongly concluded that the conditions for the application of the said provision have been met.

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