Action brought on 7 November 2007 - Crunch Fitness International v OHIM - ILG (CRUNCH)

(Case T-408/07)

Language of the case: English

Parties

Applicant: Crunch Fitness International Inc. (New York, United States) (represented by: J. Barry, Solicitor)

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

Other party to the proceedings before the Board of Appeal: ILG Ltd (Dun Laoghaire, Ireland)

Form of order sought

The decision of the Fourth Board of Appeal in relation to class 41 of the CTM be annulled;

the CTM remain registered for services in class 41; and

order that OHIM pay its costs both in these proceedings and in the appeal proceedings before OHIM.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark 'CRUNCH' for goods and services in classes 9, 25 and 41 - Community trade mark No 62 083

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: ILG Ltd

Decision of the Cancellation Division: Partial declaration of invalidity of the Community trade mark for the goods and services in classes 9 and 25

Decision of the Board of Appeal: Declaration of invalidity of the Community trade mark also for the services in class 41

Pleas in law: Infringement of Article 50(1)(a), alternatively Article 50(2), of Council Regulation No 40/94, as the Board of Appeal erred in finding that there was no genuine use of the trade mark in question in the Community in connection with the services in class 41.

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