CELEX: C2006/326/163
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-340/06: Action brought on 30 November 2006 — Stradivarius España v OHIM — Ricci (Stradivari 1715)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/80
            
         Action brought on 30 November 2006 — Stradivarius España v OHIM — Ricci (Stradivari 1715)
   (Case T-340/06)
   (2006/C 326/163)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Stradivarius España (Arteixo, La Coruña, Spain) (represented by: G. Marín Raigal and P. López Ronda, 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: Cristina Ricci
   Form of order sought
   
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               annul the decision of the First Board of Appeal of OHIM of 7 September 2006 in Case R 1024/2005-1 and, allowing the appeal lodged against Decision No 2205/2005 of the Opposition Division, reject Community trade mark application No 2.269.256 (figurative mark Stradivari 1715) and order the applicant for a Community trade mark to pay the costs of both sets of proceedings;
            
         
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               order OHIM to bear its own costs and to pay those incurred by the applicant in the present action;
            
         
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               if necessary, order the intervener to bear her own costs and to pay those incurred by the applicant in these proceedings.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Cristina Ricci.
   
      Community trade mark concerned: Figurative mark ‘Stradivari 1715’ (application for registration No 2.269.256) for products in classes 14, 16 and 18.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant.
   
      Mark or sign cited in opposition: Figurative mark ‘Stradivarius’, for products in classes 14 and 16 (No 1.246.164) and 18 (No 506.469).
   
      Decision of the Opposition Division: Opposition dismissed.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Incorrect application of Article 8(1)(b) and (5) of Regulation (EC) No 40/94 on the Community Trade Mark.