CELEX: 62009TN0420
Language: en
Date: 2009-10-19 00:00:00
Title: Case T-420/09: Action brought on 19 October 2009 — BSA v OHIM — Loblaws (PRÉSIDENT)

19.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 312/37
            
         Action brought on 19 October 2009 — BSA v OHIM — Loblaws (PRÉSIDENT)
   (Case T-420/09)
   2009/C 312/61
   Language in which the application was lodged: French
   
      Parties
   
   
      Applicant: BSA (Paris, France) (represented by: D. Masson, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Loblaws, Inc.
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of 17 August 2009 of the Fourth Board of Appeal of OHIM, (Case R 1744/2008-4),
            
         
               —
            
            
               Order OHIM to pay the entire costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: BSA
   
      Community trade mark concerned: the figurative mark ‘PRÉSIDENT’ for goods and services in Classes 5, 29, 30 and 42 — application for registration No 2 135 200
   
      Proprietor of the mark or sign cited in the opposition proceedings: Loblaws, Inc.
   
      Mark or sign cited in opposition: the French word mark ‘President’s Choice’ for goods in Classes 5, 30, 31 and 32 and the Community figurative mark ‘PRESIDENT’S CHOICE’ for goods in Classes 30, 31 and 32 (Community trade mark No 1 872 407)
   
      Decision of the Opposition Division: partial upholding of the opposition
   
      Decision of the Board of Appeal: dismissal of appeal as inadmissible
   
      Pleas in law: infringement of Article 59 of Regulation (EC) No 40/94 [now Article 60 of Regulation (EC) No 207/2009] and of Article 71 of Regulation (EC) No 2868/95, (1) and of the principle of the right to be heard in accordance with Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.
   
      (1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1)