CELEX: C2004/314/52
Language: en
Date: 2004-12-18 00:00:00
Title: Case T-378/04: Action brought on 22 September 2004 by Orsay GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

18.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 314/21
            
         Action brought on 22 September 2004 by Orsay GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   (Case T-378/04)
   (2004/C 314/52)
   Language of the case: German
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 22 September 2004 by Orsay GmbH, established in Willstätt (Germany), represented by D. von Schultz, lawyer.
   The applicant claims that the Court should:
   
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               annul the decision of the Fourth Board of Appeal of OHIM of 15 June 2004 – R 909/2002-4 – Orsay (word/figurative mark)/D'ORSAY (word/figurative mark) and Decision 2562/2002 of the Opposition Division of OHIM of 28 August 2002 insofar as registration of the Community trade mark sought by application No 1 042 605 was refused for the goods ‘clothing, boots, shoes and slippers; headgear’, on the ground of Opposition No B 242 075;
            
         
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               declare that the Community trade mark ‘Orsay’ sought by application No 1 042 605 is to be registered by OHIM for the goods ‘clothing, boots, shoes and slippers; headgear’ in Class 25;
            
         
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               order OHIM to pay the costs.
            
         Pleas in law and main arguments:
   
               Applicant for Community trade mark:
            
            
               The applicant
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘Orsay’ for goods in Class 23 (yarns and threads, etc.), Class 24 (clothing etc.) and Class 25 (headgear), application No 1 042 605
            
         
               Decision of the Opposition Division:
            
            
               Refusal to register the mark applied for
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal
            
         
               Pleas in law:
            
            
               Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1)
               
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).