CELEX: C2006/212/56
Language: en
Date: 2006-09-02 00:00:00
Title: Case T-169/06: Action brought on 26 June 2006 — Charlott SARL v OHIM — Charlot (figurative mark Charlott France Entre Luxe et Tradition )

2.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/31
            
         Action brought on 26 June 2006 — Charlott SARL v OHIM — Charlot (figurative mark ‘Charlott France Entre Luxe et Tradition’)
   (Case T-169/06)
   (2006/C 212/56)
   Language in which the application was lodged: French
   Parties
   
      Applicant: Charlott SARL (Chapanost, France) (represented by: L. Conrad, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Charlot — Conferecções para Homens, Artigos de Lã o Outros SA (Lisbon, Portugal)
   Forms of order sought
   
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               annul the decision of 24 April 2006 of the Second Board of Appeal of OHIM (Case R 223/2005-2);
            
         
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               rule that the company Charlot — Conferecções para Homens, Artigos de Lã o Outros SA does not fulfil the obligations laid down in Article 43(2) of Regulation (EC) No 40/94;
            
         
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               order OHIM to proceed with registration of the mark lodged by Charlott SARL;
            
         
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               order OHIM or any unsuccessful party to pay the costs of the present proceedings, especially the recoverable costs under Article 91(b) of the Rules of Procedure of this Court of 2 May 1991.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Charlott SARL
   
      Community trade mark concerned: Figurative mark ‘Charlott France Entre Luxe et Tradition’ for goods in Class 25 — Application No 001853274
   
      Proprietor of the mark or sign cited in the opposition proceedings: Charlot –Conferecções para Homens, Artigos de Lã o Outros SA
   
      Mark or sign cited in opposition: National figurative mark ‘Charlot’ for goods in Class 25
   
      Decision of the Opposition Division: Opposition rejected.
   
      Decision of the Board of Appeal: Decision of the Opposition Division annulled.
   
      Pleas in law: Infringement of Article 43(2) of Regulation (EC) No 40/94 and of Article 22(2) of Regulation (EC) No 2868/95 on the grounds that, according to the applicant, the opposing party has not proven genuine use of its mark during the five preceding years and has not furnished proof of the extent of the use allegedly made of that mark.