CELEX: 62007TN0409
Language: en
Date: 2007-11-16 00:00:00
Title: Case T-409/07: Action brought on 16 November 2007 — Cohausz v OHIM — Izquierdo Faces (acopat)

12.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 8/23
            
         Action brought on 16 November 2007 — Cohausz v OHIM — Izquierdo Faces (acopat)
   (Case T-409/07)
   (2008/C 8/41)
   Language of the case: English
   Parties
   
      Applicant: Prof. Dr.-Ing. Helge B. Cohausz (Düsseldorf, Germany) (represented by: I. Friedhoff, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: José Izquierdo Faces (Bilbao, Spain)
   Form of order sought
   
               —
            
            
               Annul the contested action [decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2007 in Case R 289/2006-1];
            
         
               —
            
            
               order intervener and/or [OHIM] to pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘acopat’ for services in classes 35 and 42 — Community trade mark No 1 643 782
   
      Proprietor of the Community trade mark: José Izquierdo Faces
   
      Party requesting the declaration of invalidity of the Community trade mark: The applicant
   
      Trade mark right of the party requesting the declaration of invalidity: The national word mark ‘COPAT’ for goods and services in classes 9, 35, 41 and 42
   
      Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark
   
      Decision of the Board of Appeal: Annulment of the Cancellation Division's decision and dismissal of the request for a declaration of invalidity
   
      Pleas in law: Infringement of Article 56(2) and (3) of Council Regulation No 40/94 and Rules 22(2) and 40(5) of Commission Regulation No 2868/95, as the Board of Appeal incorrectly found that the national trade mark had not been used in Germany during the period 1996 to 2001.