CELEX: C2006/190/50
Language: en
Date: 2006-08-12 00:00:00
Title: Case T-165/06: Action brought on 19 June 2006 — Fiorucci v OHIM — EDWIN (word mark Elio Fiorucci )

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/27
            
         Action brought on 19 June 2006 — Fiorucci v OHIM — EDWIN (word mark ‘Elio Fiorucci’)
   (Case T-165/06)
   (2006/C 190/50)
   Language in which the application was lodged: Italian
   Parties
   
      Applicant: Elio Fiorucci (represented by: Adriano Vanzetti, Giulio Sironi and Francesco Rossi, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal of OHIM: EDWIN CO LTD
   Form of order sought
   
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               Annul the decision of the First Board of Appeal of OHIM of 6 April 2006 in Case R 238/2005-1 and declare Community trade mark No 000709006 ‘Elio Fiorucci’, filed on 23 December 1997 and registered on 6 April 1999, is invalid or, in the alternative, revoked;
            
         
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               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘Elio Fiorucci’ (application for registration No 709.006 for goods in Classes 3, 18 and 25).
   
      Proprietor of the Community trade mark: EDWIN CO. LTD.
   
      Applicant for the declaration of invalidity: the applicant.
   
      Trade mark right of applicant for the declaration: right to the use of his own name.
   
      Decision of the Cancellation Division: application for declaration of invalidity granted.
   
      Decision of the Board of Appeal: appeal granted and application for declaration of invalidity rejected.
   
      Pleas in law: Infringement of Articles 52(2)(a), 12(a) and 50(1)(c) of Regulation (EC) No 40/94 on the Community trade mark in the light of, respectively, Articles 8(3), 21(1)(a), and 26(1)(b) of the Italian Industrial Property Code.