Notice for the OJ
Action brought on 19 May 2005 by Nalocebar - Consultores e Serviços Lda. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-210/05)
Language in which the application was lodged: English
An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 19 May 2005 by Nalocebar - Consultores e Serviços Lda., established in Funchal (Madeira), represented by G. Pasquarella and R. M. Pasquarella, lawyers.
Limiñana y Botella, S. L. established in Monforte del Cid, Alicante (Spain) was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
- quash the Decision of 18 March 2005 of the First Board of Appeal of the OHIM in case no. R 646/2004-1 by upholding the lawfulness of the figurative mark filed on 12 July 2000 by the applicants and published in the Community Trademark Bulletin no. 103/01 on 03.12.01;
- award the statutory costs.
Pleas in law and main arguments
Applicant for Community trade mark:Big Ben Establishment Ltd. The applicant in this case is the purchaser of the application for registration filed by Big Ben Establishment
Community trade mark concerned:Figurative mark "Limoncello di Capri" for goods in classes 30 (pastries etc.), 32 (syrups and other lemon based drinks belonging to class 32) and 33 (lemon based liqueurs)
Proprietor of mark or sign cited in the opposition proceedings:Limiñana y Botella S.L.
Trade mark or sign cited in opposition:Spanish word mark LIMONCHELO for goods in class 33
Decision of the Opposition Division:Refuses registration
Decision of the Board of Appeal:Rejects the appeal
Pleas in law:Violation of Article 8 (1) (b) of Council Regulation No. 40/941.
____________1 - OJ L 011, 1/01/199, p. 1