Notice for the OJ

 

Action brought on 22 February 2005 by Sergio Rossi SpA against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-97/05)

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 22 February 2005 by Sergio Rossi SpA, represented by Alessandro Ruo, lawyer.

The other party to the proceedings before the Board of Appeal was Marcorossi Srl.

The applicant claims that the Court should:

annul the contested decision which is the subject-matter of the dispute;

order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant for registration of the Community trade mark:Marcorossi Srl.Community trade mark applied for:Word mark MARCOROSSI - Application for registration No 1 405 869 for goods in Class 18 (bags, cases, small leather goods, wallets, holdalls, umbrellas) and 25 (footwear, belts, clothing)Owner of the mark or sign cited in the opposition proceedings:

Sergio Rossi SpA

Mark or sign cited in the opposition proceedings:Italian trade mark and international registration MISS ROSSI for goods in Class 25, Italian trade mark SERGIO ROSSI for footwear in Class 25, and Community trade mark SERGIO ROSSI for goods in Classes 3, 18 and 25

Decision of the Opposition Division:Opposition allowedDecision of the Board of Appeal:Appeal allowed and opposition refusedPleas in law:Misapplication of Article 8 of Regulation No 40/94 on the Community trade mark, inasmuch as the trade marks which are the subject-matter of the contested decision are to be regarded as incompatible with that provision.

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