Action brought on 6 August 2008 - Laura Ashley v OHIM - Tiziana Bucci (LAURA ASHLEY)

(Case T-301/08)

Language in which the application was lodged: English

Parties

Applicant: Laura Ashley Ltd (London, United Kingdom) (represented by: J. Guise, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Tiziana Bucci (Viareggio, Italy)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2008 in case R 1237/2007-1 and reject the opposition; and

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "LAURA ASHLEY" for various goods in classes 3, 18, 24 and 25

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: International trade mark registration No 311 675 of the figurative mark "Ashley's" for goods in class 25; Italian trade mark registration No 517 151 of the figurative mark "Ashley's" for goods in class 3, 18, 24 and 25; international trade mark registration No 646 926 of the figurative mark "Ashley's il primo Cashmere Italiano" for goods in class 25

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(5) of Council Regulation No 40/94 as the Board of Appeal failed to establish whether the applicant was using the Community trade mark applied for without due cause.

____________