Action brought on 25 May 2009 - El Jirari Bouzekri v OHIM - Nike International (NC NICKOL)

(Case T-207/09)

Language in which the application was lodged: English

Parties

Applicants: Mustapha El Jirari Bouzekri (Malaga, Spain) (represented by: E. Ragot, lawyer)

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

Other party to the proceedings before the Board of Appeal: Nike International Ltd (Beaverton, United States)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 February 2009 in case R 554/2008-2 in so far as it contains an error of law in the interpretation of Article 8(5) of Council Regulation 40/94 (which became Article 8(5) of Council Regulation 207/2009); and

Order the defendant and the other party to the proceedings before the Board of Appeal to pay the applicant's legal and other costs incurred in the proceedings before the Court of First Instance.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark "NC NICKOL", for goods in class 9

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration of the figurative mark "NIKE" for a range of goods, amongst them goods in classes 9 and 25

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(5) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that the conditions for the application of the said provision were fulfilled.

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