CELEX: C2004/262/69
Language: en
Date: 2004-10-23 00:00:00
Title: Case T-290/04: Action brought on 21 July 2004 by Miguel Teixeira Gaspar, Pedro Paixão Telhada, Ricardo Jorge da Silva Seara Pinto de Amorim and Fernando Miguel Santos Ribeiro against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/36
            
         Action brought on 21 July 2004 by Miguel Teixeira Gaspar, Pedro Paixão Telhada, Ricardo Jorge da Silva Seara Pinto de Amorim and Fernando Miguel Santos Ribeiro against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   (Case T-290/04)
   (2004/C 262/69)
   Language of the case: Portuguese
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 21 July 2004 by Miguel Teixeira Gaspar, Pedro Paixão Telhada, Ricardo Jorge da Silva Seara Pinto de Amorim and Fernando Miguel Santos Ribeiro, resident in Parede and Brandoa, represented by Ana Clara Santos and Inês Alves Guerra, lawyers.
   The applicants claim that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of OHIM of 17 March 2004 in Case R 0682/2001-4, notified to the applicants on 18 May 2004.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               João Pedro Lamúrias Escoval.
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘MOONSPELL’ — Application No. 483438 for goods and services in class 41 (musical band).
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               The applicants.
            
         
               Mark or sign cited in opposition.
            
            
               The word mark ‘MOONSPELL’ used by the applicants for goods and services in class 41 (musical band).
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed.
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed.
            
         
               Pleas in law:
            
            
               Infringement of Article 8(1), (2)(c) and (4) and Articles 75 and 76 of Regulation No 40/94 (1). Widely-known mark used by the applicants at the time of the application for registration in question. Negligent assessment of the evidence submitted by the applicants.
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).