Notice for the OJ

 

Action brought on 25 January 2005 by Sergio Rossi S.p.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    (Case T-31/05)

    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 25 January 2005 by Sergio Rossi S.p.A., established in San Mauro Pascoli (Italy), represented by A. Ruo, lawyer.

K & L Ruppert Stiftung & Co. Handels-KG, established in Weilheim (Germany) was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-    annul the contested decision;

-    order the Office for Harmonisation in the Internal Market to pay the applicant's costs.

Pleas in law and main arguments

Applicant for Community trade mark:    K&L Ruppert Stiftung & Co. Handels-KG

Community trade mark concerned:        The word mark "ROSSI" for goods in class 25 (Outer and underclothing; gloves, collar protectors, scarves, neckties, headgear) - application No 876 094

Proprietor of mark or sign cited in the

opposition proceedings:            Sergio Rossi

Trade mark or sign cited in opposition:    The national and international, word and figurative marks "SERGIO ROSSI" for goods class 25 (articles of clothing, including boots, shoes and slippers, scarves, neck-ties, ...)

Decision of the Opposition Division:        Upholding of the opposition

Decision of the Board of Appeal:        Annulment of the decision of the Opposition Division

Pleas in law:                    Violation of Article 8 of Council Regulation No 40/94.

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