Notice for the OJ
Action brought on 23 August 2004 by Parfümerie Douglas GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-349/04)
Language in which the application was drafted: German
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 August 2004 by Parfümerie Douglas GmbH, whose registered office is in Hagen (Germany), represented by C. Schumann, lawyer.
The other party before the Board of Appeal was Jürgen Heinz Douglas, Hamburg (Germany).
The applicant claims that the Court should:
- declare admissible the action together with accompanying documents, declare that the appeal against the Decision of the Fourth Board of Appeal of 24 May 2004 in Case R 795/2002-4 was brought in a correct and timely manner and annul that decision, reject the notice of opposition and order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark applied for: The word mark "Douglas beauty spa" for services in Class 39 (Travel arrangement, escorting of travellers; arranging reservations for hotel rooms and other accommodation) - Application No 1 459 197
Proprietor of the mark or sign asserted by
way of opposition in the opposition
proceedings: Jürgen Heinz Douglas
Mark or sign asserted by way of
opposition: The German mark "Douglas Touristik" for services in Class 39 (Travel arrangement; rental of motor vehicles and boats).
Decision of the Opposition Division: Rejection of the application for registration
Decision of the Appeal Board: Dismissal of the appeal brought by the applicant
Pleas in law: Infringement of Articles 42, 43, 74 and 79 of Council Regulation (EC) No 40/94 in conjunction with Rules 15, 16 and 18 of Commission Regulation (EC) No 2868/95
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