Action brought on 27 January 2006 - Justerini & Brooks Limited v OHIM

(Case T-32/06)

Language in which the application was lodged: English

Parties

Applicant(s): Justerini & Brooks Limited (London, United Kingdom) [represented by: B. Cordery, Solicitor]

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

Other party to the proceedings before the Board of Appeal: Elia Canelo Gutierrez (Talavera de la Reina, Spain)

Form of order sought

annul the decision of the Second Board of Appeal of the OHIM of 23 November 2005 (Case R 36/2005-2) relating to Opposition Proceedings No. B 605 461, notification of which was received on 30 November 2005;

order the OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: Figurative mark "J&B" for goods and services in classes 14, 18, 21, 25, 33 and 43 (Community trade mark application No 2 696 383)

Proprietor of the mark or sign cited in the opposition proceedings: Elia Canelo Gutierrez

Mark or sign cited: International figurative trade mark "JOB" for goods in class 33 (registration No 275 247)

Decision of the Opposition Division: Rejects opposition

Decision of the Board of Appeal: Annuls the contested decision and remits the case to the Opposition Division for further prosecution

Pleas in law: Violation of Articles 8(1)(b), 8(2)(iii) and 73 of Council Regulation (EC) No 40/94 and of procedural requirements, as contained in various rules of the Commission Regulation (EC) No 2868/95.

____________