CELEX: C2006/131/86
Language: en
Date: 2006-06-03 00:00:00
Title: Case T-112/06: Action brought on  7 April 2006  — Inter-IKEA v OHIM

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/46
            
         Action brought on 7 April 2006 — Inter-IKEA v OHIM
   (Case T-112/06)
   (2006/C 131/86)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Inter-IKEA Systems BV (Delft, Netherlands) (represented by: Jonas Gulliksson and Jens Olsson, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Other party to the proceedings before the Board of Appeal: Walter Waibel
   Form of order sought
   
               —
            
            
               Annul the contested decision, and
            
         
               —
            
            
               order OHIM to pay the costs incurred both in these proceedings and in the invalidity proceedings before OHIM.
            
         Pleas in law and main arguments
   
      Registered Community trade mark subject of the application for a declaration of invalidity: the figurative Trade Mark ‘idea’ for goods and services in classes 16, 20 and 42 (Community Trade Mark registration No 283 952)
   Proprietor of the Community trade mark: Walter Waibel
   Party requesting the declaration of invalidity of the Community trade mark: Inter IKEA Systems B.V.
   
      Trade mark right of the party requesting the declaration of invalidity: several Community and national, figurative and word trade marks for goods and services in classes 16, 20 and 42
   Decision of the Cancellation Division: invalidity of the trade mark ‘idea’
   
      Decision of the Board of Appeal: rejection of the request for invalidity
   
      Pleas in law: infringement of Articles 52(1)(a) and 8(1)(b) of Council Regulation No 40/94