CELEX: C2006/190/53
Language: en
Date: 2006-08-12 00:00:00
Title: Case T-172/06: Action brought on 23 June 2006 — Expasa v OHIM — Juan Gallardo Blanco (figurative mark H )

12.8.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/29
            
         Action brought on 23 June 2006 — Expasa v OHIM — Juan Gallardo Blanco (figurative mark ‘H’)
   (Case T-172/06)
   (2006/C 190/53)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Expasa, Agricultura y Ganadería, S.A. (Madrid, Spain) (represented by: J.C. Valle Valiente)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Juan Gallardo Blanco
   Form of order sought
   
               —
            
            
               Grant the application;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark ‘H’ (letter written in bold type and with a curve in the horizontal stroke) (application for registration No 1 255 751, for goods in Class 31).
   
      Proprietor of the Community trade mark: The applicant.
   
      Applicant for the declaration of invalidity: Juan Gallardo Blanco.
   
      Trade mark right of applicant for the declaration: Spanish figurative mark No 198 648‘H’ (letter written in bold type, slightly inclined, with a curve in the horizontal stroke and crossed by a trail in the colours sky blue and deep red), for goods in Class 31 (‘livestock breeding of all kinds, except horses’).
   
      Decision of the Cancellation Division: Declaration of nullity of the Community trade mark in its entirety.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Articles 40(2) and 74(2) of Regulation (EC) No 40/94 on the Community trade mark.