CELEX: C2007/297/89
Language: en
Date: 2007-12-08 00:00:00
Title: Case T-386/07: Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/44
            
         Action brought on 4 October 2007 — Peek & Cloppenburg v OHIM — Redfil (Agile)
   (Case T-386/07)
   (2007/C 297/89)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Peek & Cloppenburg (KG) (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Redfil SL (Barcelona, Spain)
   Form of order sought
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2007 in Case No R 1324/2006-2; and
            
         
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               order that the costs of the proceedings be borne by the defendant.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: Redfil SL
   
      Community trade mark concerned: The figurative mark ‘Agile’ for goods in classes 18, 25 and 28 — application No 2 659 456
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The community and national word mark ‘Aygill's’ for goods in classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21, 24, 25, 26, 27 and 28
   
      Decision of the Opposition Division: Opposition upheld in its entirety
   
      Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition in its entirety
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94