CELEX: C2005/271/46
Language: en
Date: 2005-10-29 00:00:00
Title: Case T-317/05: Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM

29.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/23
            
         Action brought on 16 August 2005 — Kustom Musical Amplification/OHIM
   (Case T-317/05)
   (2005/C 271/46)
   Language of the case: English
   Parties
   
      Applicant(s): Kustom Musical Amplification Inc. (Cincinnati, USA) [represented by: M. Edenborough, barrister and T.Bamford, solicitor]
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the Decision of the Second Board of Appeal No 1035/2004-2, or alternatively, annul partially such that the specification of goods is restricted to ‘Stringed instruments, namely professional, electric guitars’ in class 15;
            
         
               —
            
            
               Remit the Community trade mark application No 3 206 372 to the office so as to allow the said application to proceed to advertisement;
            
         
               —
            
            
               Order the respondent to pay to the appellant/applicant the costs incurred by the appellant/applicant in connection with this appeal and the appeal before the Board of Appeal and the prosecution before the examiner.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The three dimensional mark representing the body of the so-called Beast guitar for goods in class 15 (stringed instruments, namely guitars) (Community trade mark application No 3 206 372)
   
      Decision of the examiner: Rejection of the trade mark application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Violation of Article 7(1)(b) of Regulation 40/94.