CELEX: C2005/069/38
Language: en
Date: 2005-03-19 00:00:00
Title: Case T-477/04: Action brought on 14 December 2004 by Aktieselskabet af 21. November 2001 against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

19.3.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 69/21
            
         Action brought on 14 December 2004 by Aktieselskabet af 21. November 2001 against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-477/04)
   (2005/C 69/38)
   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 14 December 2004 by Aktieselskabet af 21. November 2001, established in Brande (Denmark), represented by C. Barrett Christiansen, lawyer.
   TDK Kabushiki Kaisha (TDK Corporation), established in Tokyo (Japan), was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               Annul Decision R 364/2003-1 of 7 October 2004 of the First Board of Appeal of the Office for Harmonisation in the Internal Market
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               The applicant
            
         
               Community trade mark concerned:
            
            
               Word mark TDK for goods in class 25 (clothing, footwear, headgear) — application number 1214675
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               TDK Kabushiki Kaisha
            
         
               Trade mark or sign cited in opposition:
            
            
               Community and national word and figurative marks TDK for goods in Class 9 (apparatus for recording etc.)
            
         
               Decision of the Opposition Division:
            
            
               Registration denied
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
               Pleas in law:
            
            
               Article 8 paragraph 5 of Council Regulation No 40/94 does not apply in this case.