Source: EURLEX
Language: en
Format: md

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| 8.4.2006 | EN | Official Journal of the European Union | C 86/31 |

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Action brought on 16 January 2006 — K-Swiss/OHIM

(Case T-14/06)

(2006/C 86/63)

Language of the case: English

Parties

Applicant: K-Swiss (Westlake Village, USA) [represented by: H. E. Hübner, lawyer]

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

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the OHIM of 26 September 2005 (Case R 1109/2004-1); |

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

Pleas in law and main arguments

Community trade mark concerned: A figurative mark representing a shoe with five parallel stripes placed on the side for goods in class 25 (shoes for men, women and children) — application No 2 788 511

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94 as the combination of the characteristic elements of the mark applied for is inherently capable of distinguishing the goods of the applicant from those of others. Breach of the principle of non-discrimination as the OHIM allowed the registration of among others a figurative mark representing a shoe with two parallel stripes placed on the front of the shoe.

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