Action brought on 17 March 2006 - Tsakiris-Mallas A.E. v OHIM

(Case T -96/06)

Language in which the application was lodged: Greek

Parties

Applicant: Tsakiris-Mallas A.E. (Aryiroupoli, Attica, Greece) (represented by: Kharalambos Samaras, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Late Editions Limited (Leighton Buzzard, United Kingdom)

Form of order sought

Annulment of the decision of the Second Board of Appeal of 11 January 2006 in Case R 1127/2004-2.

Pleas in law and main arguments

Applicant for a Community trade mark: Tsakiris-Mallas A.E.

Community trade mark concerned: figurative mark exë for goods in Classes 18 and 25 - Application No 2 190 015

Proprietor of the mark or sign cited in the opposition proceedings: Late Editions Limited

Mark or sign cited in opposition: National mark EXE for goods in Class 25

Decision of the Opposition Division: Opposition accepted for some of the goods

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94

____________