Notice for the OJ

 

Action brought on 23 February 2005 by Wal-Mart Stores Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-129/05)

Language of the caseto be determined pursuant to Article 131(2) of the Rules of Procedure( language in which the application was submitted: Spanish

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 23 February 2005 by Wal-Mart Stores Inc., represented by Fernand de Visscher, Emmanuel Cornu, Eric de Gryse, Donatienne Moreau, Jorge Grau Mora, Alejandro Angulo Labora, Maite Ferrándiz Avendaño, María Baylos Morales and Antonio Velásquez Ibáñez, lawyers.

Alejandro Sánchez Villar was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 December 2004 in Case R 629/2004-2 partially refusing Community trade mark application No 1997600 'WAL-MART';

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for Community trade mark:The applicant

Community trade mark sought:

'WAL-MART' - Application No 1 997 600 for goods and services in all classes except Class 35

Proprietor of mark or sign cited in the opposition proceedings:

Alejandro Sánchez Villar

Mark or sign cited in opposition:

Spanish 'WAL-MART' (No 1732588) for goods in Class 7 (machinery for gardening)

Decision of the Opposition Division:

Opposition partially upheld for the following products: Machines and machine tools, motors and engines (except for land vehicles), machine coupling and transmission components (except for land vehicles), agricultural implements other than hand operated' and dismissed the opposition for the remainder of the goods and services applied for.

Decision of the Board of Appeal:

Application dismissed

Pleas in law:

Infringement of Article 43(2) and Article 8(1)(b) of Regulation (EC) No 40/94

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