CELEX: C2002/180/51
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-160/02: Action brought on 17 May 2002 by Naipes Heraclio Fournier, S.A. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

C 180/30              EN                      Official Journal of the European Communities                                     27.7.2002
Action brought on 17 May 2002 by Naipes Heraclio                         Decision of the Board of      Annulment of the decision of the
Fournier, S.A. against Office for the Harmonization of the               Appeal:                       Cancellation Division
     Internal Market (trade marks and designs) (OHIM)
                                                                         Grounds of claim:             Misapplication of Article 7(1)(b)
                                                                                                       and (c) of Regulation (EC) No 40/
                        (Case T-160/02)                                                                94
                        (2002/C 180/51)
                  (Language of the case: Spanish)
                                                                         Action brought on 17 May 2002 by Naipes Heraclio
                                                                         Fournier, S.A. against Office for the Harmonization of the
                                                                             Internal Market (trade marks and designs) (OHIM)
An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before                                       (Case T-161/02)
the Court of First Instance of the European Communities on
17 May 2002 by Naipes Heraclio Fournier, established in
                                                                                                 (2002/C 180/52)
Alava (Spain), represented by Enrique Armijo Chavarri.
                                                                                           (Language of the case: Spanish)
The applicant claims that the Court should:
—     Annul the decision of the Second Board of Appeal of the            An action against Office for Harmonization in the Internal
      OHIM of 28 February 2002;                                          Market (trade marks and designs) (OHIM) was brought before
                                                                         the Court of First Instance of the European Communities on
                                                                         17 May 2002 by Naipes Heraclio Fournier, established in
—     Order the OHIM to pay the costs.                                   Alava (Spain), represented by Enrique Armijo Chavarri.
                                                                         The applicant claims that the Court should:
                                                                         —     annul the decision of the Second Board of Appeal of the
Pleas in law and main arguments                                                OHIM of 28 February 2002;
                                                                         —     order the OHIM to pay the costs.
The Community trade           Figurative mark for the ace of
mark concerned:               spades depicting a single sword
                              pointing upwards — Figurative
                              mark         registered       under
                              No 000089565 for products                  Pleas in law and main arguments
                              within Class 16 (playing cards)
                                                                         The Community trade           Figurative mark depicting a
Proprietor of the right to    The applicant                              mark concerned:               ‘caballo de bastos’ (mounted jack
the trade mark or sign                                                                                 of clubs) — Registered trade mark
whose cancellation is                                                                                  No 0000089961 for goods
sought:                                                                                                within Class 16 (playing cards)
Applicant for cancel-         Société France Cartes
lation:                                                                  (See the information for Case T-160/02 Heraclio Fournier v
                                                                         OHIM)
Decision of the Cancel-       Application dismissed
lation Division: