Notice for the OJ

 

Action brought on 17 December 2003 by El Corte Inglés against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-420/03)

Language of the case: 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 17 December 2003 by El Corte Inglés S.A., established in Madrid, represented by Juan Luis Rivas Zurdo and Emilio López Leiva, lawyers.

The applicant claims that the Court should:

annul the OHIM (Second Board of Appeal)'s decision of 1 October 2003 given in Case R088/2003-2, inasmuch as, by dismissing the appeal brought by the present applicant, it gives grounds for a future grant of Community trade mark No 1.160.050 BOOMERANG TV in Class 41;

refuse to allow registration of the Community trade mark No 1.160.050 "BOOMERANG TV" in Class 41, and

order the other party or parties opposing this action to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:José Matías Abril Sánchez and Pedro Ricote Saugar

Community trade mark sought:Figurative mark "BOOMERANG TV", with a semi-ellipse superimposed - Application No 1.160. 050 in respect of services included in Classes 38 and 41, although during the opposition proceedings the party applying for registration reduced the ambit of protection for the mark, excluding Class 38.

Proprietor of mark or sign cited in the opposition proceedings:Applicant.

Mark or sign cited in opposition.Spanish figurative marks Nos 2035514, 2163613, 2163616, 2035507, 2035508, 2035505, 2035509, 2035510, 2035511, 2035512 and 2035513 (the word "BOOMERANG" framed in a diamond), 1236024, 1236025 and 1282250, Irish mark No 153228, Greek mark No 109387 and Community trade mark No 448514 (the word "BOOMERANG" under a square containing the letter B next to a boomerang), Spanish word mark "BOOMERANG" No 456466, Spanish figurative marks "BOOMERANG La base del deporte" (No 2227731, 2227732 and 2227734) and English figurative mark No 1494568 (small square enclosing the letter B next to a boomerang), in respect of products in Classes 18, 25, 38 and 41.

Decision of the Opposition Division:Opposition rejected.

Decision of the Board of Appeal:Action dismissed.

Pleas in law:Infringement of Article 8(1)(b), (2)(c) and (5) of Regulation (EC) No 40/94.

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