Notice for the OJ

 

Action brought on 7 April 2003 by Samar SpA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-115/03)

    (Language of the case: Italian)

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 April 2003 by Samar SpA, represented by Alessandro Ruo, lawyer.

The applicant claims that the Court should:

(annul the contested decision which forms the subject-matter of these proceedings;

(in the alternative, declare there is no likelihood of confusion between the signs in question so far as concerns all the goods requested except for jeans, in respect of which there is a likelihood of confusion or, at least, so far as concerns all those goods which the Court does not consider likely to be confused and, accordingly annul the contested decision so far as such goods are concerned;

(order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant for Community trade mark:The applicantCommunity trade mark sought:Word mark "GAS STATION" ( application No 712647, registration sought in respect of goods in Class 25 ("Clothing, footwear, headgear")Proprietor of mark or sign cited in the opposition proceedings:Grotto S.p.A.Mark or sign cited in opposition:Italian trade mark ""BLUE JEANS GAS" registered in respect of goods in Class 25 ("trousers, jackets, jeans, shirts, skirts, heavy jackets, sports jerseys, sweaters, tailored jackets, stockings, socks, footwear, boots, slippers")Decision of the Opposition Division:Registration refusedDecision of the Board of Appeal:Appeal dismissedPleas in law:Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94 inasmuch as the trade marks in question are not to be considered similar for the purposes of that provision

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