CELEX: C2005/182/76
Language: en
Date: 2005-07-23 00:00:00
Title: Case T-189/05: Action brought on 4 May 2005 by Usinor against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/40
            
         Action brought on 4 May 2005 by Usinor against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   (Case T-189/05)
   (2005/C 182/76)
   Language of the case: French
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 4 May 2005 by Usinor, whose registered office is in Paris, represented by Patrice de Condé, lawyer.
   The applicant claims that the Court should:
   
               1.
            
            
               annul the decision of the First Board of Appeal of OHIM of 10 February 2005;
            
         
               2.
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               CORUS UK Limited
            
         
               Community trade mark sought:
            
            
               Word mark GALVALLOY — application No 796 557, for goods in Class 6 (steel sheet and strip etc)
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               Applicant
            
         
               Mark or sign cited in opposition:
            
            
               National word mark GALVALLIA for goods in Class 6 (steel sheet and strip etc)
            
         
               Decision of the Opposition Division:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division annulled
            
         
               Pleas in law:
            
            
               Incorrect application of Article 8(1)(b) of Regulation (EC) No 40/94 (1)
               
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, OJ L 11 of 14.1.1994, p. 1.