Source: EURLEX
Language: en
Format: md

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| 1.7.2006 | EN | Official Journal of the European Union | C 154/17 |

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Action brought on 13 April 2006 — Oakley v OHIM

(Case T-116/06)

(2006/C 154/46)

Language in which the application was lodged: English

Parties

Applicant: Oakley, Inc. (Foothill Ranch, USA) (represented by: Michaela Huth-Dierig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Venticinque Ltd (Hailsham, United Kingdom)

Form of order sought

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| — | The decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of January 17, 2006 in appeal R 682/2004-1 to be annulled. |

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| — | The defendant to be ordered 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 ‘O STORE’ for services in class 35 — Community trade mark No 2 074 599

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: Venticinque Limited

Trade mark right of the party requesting the declaration of invalidity: The earlier national word mark ‘THE O STORE’ for goods and services in classes 18 and 25

Decision of the Cancellation Division: Partial declaration of invalidity of the Community trade mark

Decision of the Board of Appeal: Dismissal of both the applicant's and Venticinque Ltd's appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the goods and services are absolutely dissimilar and there is no likelihood of confusion between the conflicting trade marks since the distinctive character of the earlier mark ‘THE O STORE’ is very limited. Furthermore, proof has not been provided that ‘THE O STORE’ is in any way known or well established in the French market.

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