Notice for the OJ

 

Action brought on 16 December 2002 by Lamprecht A.G. against Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM)

    (Case T-386/02)

    (Language of the case: Spanish)

An action against Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) was brought before the Court of First Instance of the European Communities on 16 December 2002 by Lamprecht A.G., whose registered office is in Madrid, represented by Enrique Armijo Chávarri and Antonio Castán Pérez-Gómez.

The applicant claims that the Court should:

(annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (OHIM) of 1 October 2002 in Case 114/2000-1;

(order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark:J. Tricot & Sons Ltd.The Community trade mark concerned:"EMOS" ( Application No 133637 for goods in Class 25 (articles of clothing)Proprietor of the right to the trade mark or sign asserted by way of opposition in the opposition proceedings:ApplicantTrade mark or sign asserted by way of opposition in the opposition proceedings:German trade mark "EMOSWISS" registered in respect of goods within Classes 10, 24 and 25Decision of the Opposition Division:Application rejectedDecision of the Board of Appeal:Appeal dismissedGrounds of claim:Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 (likelihood of confusion).

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