Action brought on 3 March 2006 Fox Racing/OHIM

(Case T-74/06)

Language in which the application was lodged: English

Parties

Applicant: Fox Racing Inc. (Morgan Hill, USA) [represented by: P. Brownlow, Solicitor]

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

Other party to the proceedings before the Board of Appeal: Lloyd IP Limited (Penrith, United Kingdom)

Form of order sought

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Markets (Trade Marks and Designs) ("OHIM"), of 8 December 2005 (Case R 1180/2004 - 1) in part, insofar as it rejected the application in respect of motorcycle and safety helmets and protective clothing for motorcyclists and cyclists (Class 9) and clothing, namely jackets, raincoats, sweatshirts, jerseys, shirts, pants, blouses, tights, shorts, hats, caps, sweatbands, headbands, gloves, belts, shoes, boots, socks and aprons (Class 25);

order OHIM to pay the costs of this application.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "SHIFT" for goods in classes 9, 16, 18 and 25 - application No 2 419 349

Proprietor of the mark or sign cited in the opposition proceedings: Lloyd Lifestyle Limited

Mark or sign cited: The Community figurative mark and earlier non-registered work mark "Swift" and the national figurative mark "Swift leathers" for goods in classes 9 and 25

Decision of the Opposition Division: Refuses registration

Decision of the Board of Appeal: Annuls the contested decision insofar as it rejected the application for "pressure air gauges" and goods in classes 16 and 18; confirms the contested decision for the remainder

Pleas in law: Violation of Article 8(1)(b) of Council Regulation (EC) No 40/94.

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