CELEX: C2006/096/29
Language: en
Date: 2006-04-22 00:00:00
Title: Case T-32/06: Action brought on  27 January 2006  — Justerini & Brooks Limited v OHIM

22.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/15
            
         Action brought on 27 January 2006 — Justerini & Brooks Limited v OHIM
   (Case T-32/06)
   (2006/C 96/29)
   Language in which the application was lodged: English
   Parties
   
      Applicant(s): Justerini & Brooks Limited (London, United Kingdom) [represented by: B. Cordery, Solicitor]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Other party to the proceedings before the Board of Appeal: Elia Canelo Gutierrez (Talavera de la Reina, Spain)
   Form of order sought
   
               —
            
            
               annul the decision of the Second Board of Appeal of the OHIM of 23 November 2005 (Case R 36/2005-2) relating to Opposition Proceedings No. B 605 461, notification of which was received on 30 November 2005;
            
         
               —
            
            
               order the OHIM to pay the costs.
            
         Pleas in law and main arguments
   Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: Figurative mark ‘J&B’ for goods and services in classes 14, 18, 21, 25, 33 and 43 (Community trade mark application No 2 696 383)
   Proprietor of the mark or sign cited in the opposition proceedings: Elia Canelo Gutierrez
   
      Mark or sign cited: International figurative trade mark ‘JOB’ for goods in class 33 (registration No 275 247)
   Decision of the Opposition Division: Rejects opposition
   
      Decision of the Board of Appeal: Annuls the contested decision and remits the case to the Opposition Division for further prosecution
   
      Pleas in law: Violation of Articles 8(1)(b), 8(2)(iii) and 73 of Council Regulation (EC) No 40/94 and of procedural requirements, as contained in various rules of the Commission Regulation (EC) No 2868/95.