Action brought on 23 June 2006 - Expasa v OHIM - Juan Gallardo Blanco (figurative mark 'H')

(Case T-172/06)

Language in which the application was lodged: Spanish

Parties

Applicant: Expasa, Agricultura y Ganadería, S.A. (Madrid, Spain) (represented by: J.C. Valle Valiente)

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

Other party to the proceedings before the Board of Appeal of OHIM: Juan Gallardo Blanco

Form of order sought

Grant the application;

Order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark 'H' (letter written in bold type and with a curve in the horizontal stroke) (application for registration No 1 255 751, for goods in Class 31).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: Juan Gallardo Blanco.

Trade mark right of applicant for the declaration: Spanish figurative mark No 198 648 'H' (letter written in bold type, slightly inclined, with a curve in the horizontal stroke and crossed by a trail in the colours sky blue and deep red), for goods in Class 31 ('livestock breeding of all kinds, except horses').

Decision of the Cancellation Division: Declaration of nullity of the Community trade mark in its entirety.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Articles 40(2) and 74(2) of Regulation (EC) No 40/94 on the Community trade mark.

____________