CELEX: C2006/096/45
Language: en
Date: 2006-04-22 00:00:00
Title: Case T -67/06: Action brought on  20 February 2006  — Elini N.V. v OHIM

22.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/27
            
         Action brought on 20 February 2006 — Elini N.V. v OHIM
   (Case T -67/06)
   (2006/C 96/45)
   Language in which the application was lodged: Dutch
   Parties
   
      Applicant: Elini N.V. (Antwerp, Belgium) (represented by: F. Cornette and S. Tilsley, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Other party to the proceedings before the Board of Appeal of OHIM: Rolex. S.A (Geneva, Switzerland)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               review and annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 December 2005 (Case R-725/2004-4);
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   Applicant for a Community trade mark: Elini N.V.
   
      Community trade mark concerned: the figurative mark ‘Elini’ for goods in class 14 (jewellery; watches; watch straps, watch glasses, watch chains and precious stones)
   Proprietor of the mark or sign cited in the opposition proceedings: Rolex S.A.
   
      Mark or sign cited in opposition: the figurative mark ‘Cellini’ for goods in class 14 (registration number 1 456 102)
   Decision of the Opposition Division: rejection of the opposition
   
      Decision of the Board of Appeal: annulment of the decision of the Opposition Division and rejection of the application for a Community trade mark
   
      Pleas in law: breach of Article 8(1)(b) of Regulation No 40/94.