CELEX: C2006/036/70
Language: en
Date: 2006-02-11 00:00:00
Title: Case T-414/05: Action brought on  22 November 2005  — NHL Enterprises/OHIM

11.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/33
            
         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
   
               —
            
            
               Annul the contested decision;
            
         
               —
            
            
               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.