Notice for the OJ

 

Action brought on 16 August 2005 S Kustom Musical Amplification / OHIM

(Case T-317/05)

Language of the case: English

Parties

Applicant(s): Kustom Musical Amplification Inc. (Cincinnati, USA) [represented by: M. Edenborough, barrister and T.Bamford, solicitor]

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

Form of order sought

Annul the Decision of the Second Board of Appeal No 1035/2004-2, or alternatively, annul partially such that the specification of goods is restricted to "Stringed instruments, namely professional, electric guitars" in class 15;

Remit the Community trade mark application No 3 206 372 to the office so as to allow the said application to proceed to advertisement;

Order the respondent to pay to the appellant/applicant the costs incurred by the appellant/applicant in connection with this appeal and the appeal before the Board of Appeal and the prosecution before the examiner.

Pleas in law and main arguments

Community trade mark concerned: The three dimensional mark representing the body of the so-called Beast guitar for goods in class 15 (stringed instruments, namely guitars) (Community trade mark application No 3 206 372)

Decision of the examiner: Rejection of the trade mark application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Violation of Article 7(1)(b) of Regulation 40/94.

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