Notice for the OJ

 

Action brought on 17 August 2004 by Sadas S.A. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-346/04)

Language in which the application was submitted: French

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 17 August 2004 by Sadas S.A., established in Tourcoing (France), represented by A. Bertrand, lawyer.

L.T.J. Diffusion was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-    alter in its entirety the operative part of the decision of the First Board of Appeal in Case R 393/2003-1;

-    annul the decision contested in that case by which the examiner found that there is a likelihood of confusion in the minds of the public between the mark "ARTHUR" and the mark in respect of which registration is sought "ARTHUR ET FELICIE";

-    order L.T.J Diffusion to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:The applicant.

Community trade mark sought:Three-dimensional mark "ARTHUR ET FELICIE" - Application No 0373787.

Goods or services:Goods in Classes 16, 24 and 25.

Proprietor of mark or sign cited in opposition:

L.T.J. Diffusion.

Mark or sign cited in opposition:National trade mark "ARTHUR" for Class 25 (clothing).

Decision of the Opposition Division:Rejection of the opposition.

Decision of the Board of Appeal:Annulment of the decision of the Opposition Division.

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

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