CELEX: 62006TO0014
Language: en
Date: 2006-12-14 00:00:00
Title: Order of the Court of First Instance (Third Chamber) of 14 December 2006.#K-Swiss, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Procedural issues - Plea of inadmissibility - Notification of the decision of the Board of Appeal - Time-limit for bringing an action.#Case T-14/06.

Order of the Court of First Instance (Third Chamber) of 14 December 2006 – K‑Swiss v OHIM (Parallel stripes on a shoe)
      (Case T‑14/06)
      Community trade mark – Procedural issues – Plea of inadmissibility – Notification of the decision of the Board of Appeal – Time-limit for bringing an action
      Community trade mark – Procedural provisions (Commission Regulation No 2868/95, Art. 1, Rules 61(2), 62(1) and (3) and 68) (see paras 22, 25-26,
         28)
      
      Re:
      
         ACTION brought against the decision of the First Board of Appeal of OHIM of 26 September 2005 (Case R 1109/2004-1), concerning
                  registration of a mark in the form of five parallel stripes placed on the lateral part of a representation of a shoe as a
                  Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               K‑Swiss, Inc.
            
         
               Community trade mark sought:
            
            
               Figurative mark representing a shoe with five parallel stripes on the side for goods in Class 25 – Application No 2788511
            
         
               Decision of the Examiner:
            
            
               Application dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action as inadmissible;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.