CELEX: C2006/294/114
Language: en
Date: 2006-12-02 00:00:00
Title: Case T-270/06: Action brought on 25 September 2006 — Lego Juris v OHIM — Mega Brands (Lego brick)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/55
            
         Action brought on 25 September 2006 — Lego Juris v OHIM — Mega Brands (Lego brick)
   (Case T-270/06)
   (2006/C 294/114)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Lego Juris A/S (Billund, Denmark) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Mega Brands Inc. (Montreal, Canada)
   Form of order sought
   
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               Annul the decision of the Grand Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2006 in case No R 856/2004-G; and
            
         
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               order that the costs of the proceedings be borne by the defendant.
            
         Pleas in law and main arguments
   
      Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘LEGO brick’ for products in class 28 claiming the ‘colour red’ — Community Trade mark No 107 029
   
      Proprietor of the Community trade mark: The applicant
   
      Party requesting the declaration of invalidity of the Community trade mark: Mega Brands Inc.
   
      Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: The applicant advances a single plea in law in support of its application. Precisely, the applicant contends that the contested decision violates Article 7(1)(e)(ii) CTMR of Council Regulation (EC) No 40/94 in so far as it allegedly misinterprets the said provision as well as its rationale and, in addition, to the extent that it applies it to something that is not the subject of the trade mark protection granted by the registration at issue.