Action brought on 20 March 2007 - Gabel Industria Tessile v OHIM - Creaciones Garel (GABEL)

(Case T-85/07)

Language in which the application was lodged: Italian

Parties

Applicant: Gabel Industria Tessile S.p.A. (Rovellasca, Italy) (represented by: A. Petruzzelli, Avvocato)

Defendant: Office for Harmonisation in the Internal Market (OHIM)

Other party to the proceedings before the Board of Appeal of OHIM: Creaciones Garel S.A.

Form of order sought

The applicant claims that the Court should:

annul, in part, the decision of the Second Board of Appeal of 25 January 2007, notified on 29 January 2007, in so far as it refused registration of the Community trade mark applied for - Gabel - under No 3754777 in class 24, since it does not comply with Article 8(1)(b) of Regulation 40/94;

uphold the decision of the Second Board of Appeal to proceed with registration of the mark for 'bath-robes' in class 25;

order OHIM to register GABEL as Community trade mark No 3754777 in class 24, for the relevant goods specified in that class, as well as for 'bath-robes' in class 25;

order OHIM to pay all the applicant's costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark 'GABEL' (application for registration No 3754777) for goods in classes 24 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: Creaciones Garel S.A.

Mark or sign cited in opposition: Community figurative mark 'GAREL' for goods in classes 24, 25 and 26.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal allowed in part, to the extent that registration of the trade mark is allowed for 'bath-robes' (class 25).

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

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