CELEX: C2005/057/61
Language: en
Date: 2005-03-05 00:00:00
Title: Case T-499/04: Action brought on 23 December 2004 by Hammarplast AB against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

5.3.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 57/36
            
         Action brought on 23 December 2004 by Hammarplast AB against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-499/04)
   (2005/C 57/61)
   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 23 December 2004 by Hammarplast, established in Tingsryd (Sweden), represented by R. Almaraz Palmero, lawyer.
   Steninge Slott AB, established in Märsta (Sweden), was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               1.
            
            
               annul the Decision of the Second Board of Appeal of the OHIM of 25 October 2004 in case R 394/2003-2;
            
         
               2.
            
            
               order the office to refuse the registration of the term STENINGE SLOTT as a Community trade mark in respect of the goods in class 21 for which registration has been accepted;
            
         
               3.
            
            
               order the office and the intervening party, Steninge Slott AB, to pay all the costs of the dispute before the Court of First Instance, including those relating to the procedure before the Second Board of Appeal.
            
         Pleas in law and main arguments
   
               Applicant for Community trade mark:
            
            
               Steninge Slott AB
            
         
               Community trade mark concerned:
            
            
               Word mark ‘STENINGE SLOTT’ for products in class 21 (design products of glass etc.)
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               The applicant
            
         
               Trade mark or sign cited in opposition:
            
            
               National mark ‘STENINGE KERAMIK’ for products in the same class
            
         
               Decision of the Opposition Division:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal allowed
            
         
               Pleas in law:
            
            
               Violation of Article 8 paragraph 1 b) of Regulation 40/94 (1)
               
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 11, p. 1)