Action brought on 17 August 2007 - gardeur v OHIM - Blue Rose (g)

(Case T-310/07)

Language in which the application was lodged: English

Parties

Applicant: gardeur AG (Mönchengladbach, Germany) (represented by: A. Beschorner, B. Glaser, C. Thomas, lawyers)

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

Other party to the proceedings before the Board of Appeal: Blue Rose Inc. (Nashville Tennessee, United States)

Form of order sought

annul the decision of the Second Board of Appeal No R 878/2006 2 of 15 June 2007, regarding Community trademark No 1153741 "g" in so far as it dismisses the appeal in relation to goods in Class 25;

order the defendant to pay the costs incurred in the proceedings before the court and to order the intervener to pay the costs of the administrative proceedings before the Board of Appeal.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark consisting of a circle containing the letter "g" for goods and services in Classes 9, 25, and 41

Proprietor of the Community trade mark: Blue Rose Inc.

Party requesting the declaration of invalidity of the Community trade mark: Gardeur ag

Trade mark right of the party requesting the declaration of invalidity: The Community figurative mark picturing a black square containing the letter "g" for goods and services in Class 3, 18 and 25 - application No 1153741

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 4 and Article 8(1)(b) of the CTMR.

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