CELEX: C2005/217/104
Language: en
Date: 2005-09-03 00:00:00
Title: Case T-248/05: Action brought on 1 July 2005 by MP Temporärpersonal GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

3.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/49
            
         Action brought on 1 July 2005 by MP Temporärpersonal GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-248/05)
   (2005/C 217/104)
   Language in which the application was lodged: English
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 1 July 2005 by MP Temporärpersonal GmbH, established in Graz (Austria) represented by M. Ciresa, lawyer.
   Manpower Inc, established in Milwaukee, Wisconsin (USA), was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of 5 April 2005 (Case R 124/2004-4);
            
         
               —
            
            
               order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
               Registered Community trade mark subject of the application for a declaration of invalidity:
            
            
               The word mark I.T.@MANPOWER for goods and services in classes 9, 16, 35, 38, 41 and 42 — Community trade mark No 861 559
            
         
               Proprietor of the Community trade mark:
            
            
               Manpower Inc.
            
         
               Party requesting the declaration of invalidity of the Community trade mark:
            
            
               MP Temporärpersonal GmbH
            
         
               Grounds for the request for declaration of invalidity:
            
            
               Article 51(1)(a) of Council Regulation No 40/94 in conjunction with Article 7(1)(b), (c), (d) and (g) of Council Regulation No 40/94
            
         
               Decision of the Cancellation Division:
            
            
               Rejection of the request for a declaration of invalidity
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               Violation of Article 7(1)(b), (c), (d) and (g) of Council Regulation No 40/94