Notice for the OJ

 

Action brought on 16 February 2005 by Monte di Massima s.a.s. di Pruneddu Leonardo & C. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-96/05)

Language of the case: Italian

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 16 February 2005 by Monte di Massima s.a.s. di Pruneddu Leonardo & C., represented by Ennio Masu and Paola Alessandra E. Pittalis, lawyers.

The other party to the proceedings before the Board of Appeal was J. M. Höffele Internationale Handelsgesellschaft.

The applicant claims that the Court should:

declare that the decision of 24 November 2004 of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) misapplies Article 15(2)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark;

order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant for registration of the Community trade mark:Monte di Massima s.a.s.Community trade mark applied for:Figurative mark VALLE DELLA LUNA - Application for registration No 2 029 726 for goods in Class 32 (water, syrups, beers and non-alcoholic drinks)Owner of the mark or sign cited in the opposition proceedings:J. M. Höffele Internationale HandelsgesellschaftMark or sign cited in the opposition proceedings:German word mark VALLE DE LA LUNA for goods in Class 33 (wines)Decision of the Opposition Division:Opposition refusedDecision of the Board of AppealAppeal allowedPleas in law:Misapplication of Article 15(2)(a) of Regulation No 40/94 on the Community trade mark

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