CELEX: 62009TN0050
Language: en
Date: 2009-02-03 00:00:00
Title: Case T-50/09: Action brought on 3 February 2009 — Ifemy’s v OHIM — Dada & Co Kids (Dada & Co. kids)

18.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/29
            
         Action brought on 3 February 2009 — Ifemy’s v OHIM — Dada & Co Kids (Dada & Co. kids)
   (Case T-50/09)
   2009/C 90/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Ifemy’s Holding GmbH (Munich, Germany) (represented by: H.G. Augustinowski, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Dada & Co Kids Srl (Prato, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 November 2008 in case R 911/2008-4; and
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘Dada & Co. kids’, for goods in class 25
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: German trade mark registration No 30 114 449 of the word mark “DADA” for goods in class 25
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of the principles of equal treatment, faithful competition and rule of law as enshrined in Article 2 and 3 EC, as well as Articles 43 and 80(1) of Council Regulation 40/04 and Rules 50(2) and 80(2) of Commission Regulation No 2868/95 (1), as the Board of Appeal failed to annul the decision of the Opposition Division which named the wrong applicant and, furthermore, as the Board of Appeal wrongly found that before the Opposition Division the applicant was given every opportunity to submit the relevant evidence.
   
      (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).