CELEX: C2006/022/33
Language: en
Date: 2006-01-28 00:00:00
Title: Case T-405/05: Action brought on  14 November 2005  — Manpower Personalservice v OHIM

28.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/17
            
         Action brought on 14 November 2005 — Manpower Personalservice v OHIM
   (Case T-405/05)
   (2006/C 22/33)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Manpower Personalservice GmbH (Sankt Pölten, Austria) (represented by: B. Kuchar, 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: Manpower Inc. (Milwaukee, Wisconsin, United States of America)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               annul the contested decision of the Fourth Board of Appeal of OHIM of 22 July 2005 in Case R 499/2004-4 and declare the Community trade mark 000076059 invalid for all goods and services;
            
         
               —
            
            
               in the alternative, annul the contested decision of the Fourth Board of Appeal of OHIM of 22 July 2005 in Case R 499/2004-4 inasmuch as it relates to the failure to prove the acquired distinctiveness of the Community trade mark 000076059 and refer the case back to the Fourth Board of Appeal
            
         
               —
            
            
               In any case, order OHIM and — in the event of written intervention — the proprietor of the Community trade mark to pay their own costs and the applicant's costs as regards the proceedings before OHIM and these proceedings
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought:‘MANPOWER’ for goods and services in Classes 9, 16, 35, 41 and 42 — Community trade mark No 76059
   
      Proprietor of the Community trade mark: Manpower Inc.
   
      Applicant for the declaration of invalidity: The applicant
   
      Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity
   
      Decision of the Board of Appeal: Dismissal of the applicant's appeal
   
      Pleas in law: Infringement of Article 7(1)(b) and Article 7(1)(c) of Council Regulation No 40/94 as the registered mark is descriptive throughout the Community and not distinctive. Moreover, the word 'MANPOWER' needs to be kept free for trade.