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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