Notice for the OJ

 

Action brought on 18 January 2005 by Wim De Waele against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-15/05)

(Language of the case: Dutch)

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 18 January 2005 by Wim De Waele, residing in Bruges (Belgium), represented by Paul Maeyaert and Samuel Granata.

The applicant claims that the Court should:

alter the contested decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 November 2004 (Case R 820/2004-1) and annul it in part, namely in so far as it concerns the goods "sausage casings for charcuterie" in Class 18 or at least in so far as it concerns the goods "sausage casings for charcuterie intended for professional customers";

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark sought:

Three-dimensional mark in the shape of an oblong with grooves twisting to the left and to the right which create diamond-shaped geometrical patterns, for goods in Classes 18, 29 and 30 - Application No 3 050 531.

Decision of the examiner:

Refusal of the application.

Decision of the Board of Appeal:

Dismissal of the appeal.

Pleas in law:

Infringement of Article 7(1)(b) of Regulation (EC) No 40/94.

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