Judgment of the Court of First Instance of 11 July 2007 - Flex Equipos de Descanso, SA v OHIM - Leggett & Platt (LURA-FLEX)
(Community trade mark - Opposition proceedings - Application for Community word mark LURA-FLEX - Earlier national figurative marks containing the word element 'flex' - Submission to the Opposition Division out of time of translations of documents provided in support of the reputation of earlier marks - Obligation on the Board of Appeal to assess the need to take account of the documents translated)
Language of the case: English
Parties
Applicant: Flex Equipos de Descanso, SA (Madrid (Spain) (represented by: initially by R. Ocquet, and subsequently, I. Valdelomar Serrano, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and G. Schneider)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Leggett & Platt, Inc., (Carthage, Missouri, United States) (represented by: G. Cronin and S. Castley, Solicitors, and G. Hollingworth, Barrister)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 18 March 2004 (Case R 333/2003-1) relating to opposition proceedings between Flex Equipos de Descanso, SA and Leggett & Platt, Inc.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 March 2004 (Case R 333/2003-1);
Orders OHIM to bear its own costs and to pay those incurred by the applicant;
Orders the intervener to bear its own costs.
____________1 - OJ C 217, 28.8.2004.