Action brought on 25 September 2007 - Kaloudis v OHIM - Fédération Française de Tennis (Roland Garros SPORTSWEAR)

(Case T -380/07)

Language in which the application was lodged: French

Parties

Applicant: Dimitrios Kaloudis (Dassia-Corfu, Greece) (represented by: G. Kaloudis, 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: Fédération Française de Tennis

Form of order sought

Annul the Decision of the Fourth Board of Appeal of OHIM of 19 July 2007;

Allow the application for the Community trade mark Roland Garros SPORTSWEAR No 3114477 for Class 25;

Order the other party to the proceedings before the Board of Appeal to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: figurative mark 'Roland Garros SPORTSWEAR' for goods in Class 25 - application No 3114477.

Proprietor of the mark or sign cited in the opposition proceedings: Fédération Française de Tennis

Mark or sign cited in opposition: national mark 'Roland Garros' for goods in Classes 3, 16, 18, 22, 25, 28, 32, 41 and 42.

Decision of the Opposition Division: opposition upheld for all the goods in dispute.

Decision of the Board of Appeal: appeal brought by the applicant deemed not filed by reason of the late payment of the appeal fee.

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