Action brought on 10 August 2007 - Calzaturificio Frau v OHIM - Camper

(Case T -304/07)

Language in which the application was lodged: Italian

Parties

Applicant: Calzaturificio Frau SpA (San Giovanni Ilarione VR, Italy) (represented by: A. Rizzoli, lawyer)

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

Other part to the proceedings before the Board of Appeal of OHIM: Camper S.L.

Form of order sought

declare that the present application and the annexes thereto are admissible;

annul the decision of the Board of Appeal (points 1, 2 and 3 of the operative part) in so far as it annuls the contested decision, rejects the application for registration in respect of all the goods in question and orders the applicant to pay the costs incurred by the opposing party in the opposition proceedings and the appeal;

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Calzaturificio Frau

Community trade mark concerned: The figurative mark consisting of a black arch sloping to the right (application for registration No 3.388.097) for goods in Classes 18 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: Camper S.L.

Mark or sign cited in opposition: Spanish national three-dimensional trade mark in the form of a shoe for goods in Class 25, a number of English national figurative trade marks representing, in various forms, sloping arches for goods in Class 25 and two figurative Community trade marks also in the shape of an arch for goods in Class 18.

Decision of the Opposition Division: partial rejection of the opposition.

Decision of the Board of Appeal: annulment of the contested decision and refusal of the application for registration.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 on the Community trade mark and of Article 73 of that regulation.

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