Action brought on 1 march 2007 - Mülhens v OHIM - Exportaciones Aceiteras Fedeoliva (tosca de FEDEOLIVA)

(Case T-63/07)

Language in which the application was lodged: English

Parties

Applicant: Mülhens GmbH & Co. KG (Köln, Germany) (represented by: D. Eickemeier, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Exportaciones Aceiteras Fedeoliva, A. I. E. (Jaen, Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of the defendant dated 18 December 2006 in Case R 761/2006-2;

reject the application of the Community trade mark No 3 467 651.

Pleas in law and main arguments

Applicant for the Community trade mark: Exportaciones Aceiteras Fedeoliva, A. I. E.

Community trade mark concerned: The figurative Community trademark "tosca de FEDEOLIVA" for goods and services in classes 16, 29, 35 and 39 Application No 3 467 651

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The community and national word marks 'TOSCA' for goods and services in class 3 (perfumeries, essential oils, non-medicated toilet preparations and cosmetics, preparations for hair, toothpastes, toilet soaps)

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b), 8(2)(c) and 8(5) of Council Regulation (EC) No 40/94 ('CTMR') and of the essential procedural requirements enshrined in Articles 43(1), 73 and 74(1)(2) of the CTMR.

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