CELEX: 62008TN0301
Language: en
Date: 2008-08-06 00:00:00
Title: Case T-301/08: Action brought on 6 August 2008 — Laura Ashley v OHIM — Tiziana Bucci (LAURA ASHLEY)

27.9.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/21
            
         Action brought on 6 August 2008 — Laura Ashley v OHIM — Tiziana Bucci (LAURA ASHLEY)
   (Case T-301/08)
   (2008/C 247/42)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Laura Ashley Ltd (London, United Kingdom) (represented by: J. Guise, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Tiziana Bucci (Viareggio, Italy)
   Form of order sought
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2008 in case R 1237/2007-1 and reject the opposition; and
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘LAURA ASHLEY’ for various goods in classes 3, 18, 24 and 25
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: International trade mark registration No 311 675 of the figurative mark ‘Ashley's’ for goods in class 25; Italian trade mark registration No 517 151 of the figurative mark ‘Ashley's’ for goods in class 3, 18, 24 and 25; international trade mark registration No 646 926 of the figurative mark ‘Ashley's il primo Cashmere Italiano’ for goods in class 25
   
      Decision of the Opposition Division: Upheld the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(5) of Council Regulation No 40/94 as the Board of Appeal failed to establish whether the applicant was using the Community trade mark applied for without due cause.