CELEX: C2005/106/68
Language: en
Date: 2005-04-30 00:00:00
Title: Case T-67/05: Action brought on 15 February 2005 by Aytan's Manufacturing Company (UK) Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

30.4.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/32
            
         Action brought on 15 February 2005 by Aytan's Manufacturing Company (UK) Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-67/05)
   (2005/C 106/68)
   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 15 February 2005 by Aytan's Manufacturing Company (UK) Limited, established in London (United Kingdom) represented by S. Malynicz, Barrister and M. J. Gilbert, Solicitor.
   Criminal Clothing Limited, established in Poole (United Kingdom) was also a party to the proceedings before the Board of Appeal.
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal dated 8 December 2004 in case R 309/2004-1;
            
         
               —
            
            
               Order that the Office and other parties shall bear their own costs and pay those of the applicant.
            
         Pleas in law and main arguments
   
               Applicant for Community trade mark:
            
            
               Criminal Clothing Limited
            
         
               Community trade mark concerned:
            
            
               Word mark CRIMINAL for goods in classes 3, 9 and 25 (articles of clothing etc.) — application No 1676 220
            
         
               Proprietor of mark or sign cited in the opposition proceedings:
            
            
               The applicant
            
         
               Trade mark or sign cited in opposition:
            
            
               National mark CRIMINAL DAMAGE for goods in class 25 (articles of clothing etc.)
            
         
               Decision of the Opposition Division:
            
            
               Opposition rejected
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
               Pleas in law:
            
            
               Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (1)
               
            
         
      (1)  Council Regulation (EC) No 40/94 of 20.12.1993 on the Community trade mark (OJ L 11, p. 1).