Notice for the OJ
SEQ CHAPTER \h \r 1
Action brought on 21 January 2004 by Fusion Electronics Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-21/04)
Language of the case:
to be determined pursuant to article 131(2) of the Rules of Procedure
- language in which the case was submitted: English
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 21 January 2004 by Fusion Electronics Limited, Auckland, New Zealand, represented by Mr A Roughton Barrister.
Ford Motor Company was also a party to the proceedings before the Board of Appeal.
The applicant claims that the Court should:
- annul the decision of the Second Board of Appeal dated the 17 November 2003;
- direct that the applicant's application for a declaration of invalidity fails;
-order the Office to pay the appellant's costs here and below or order the Office to pay the appellant's costs here and direct that the applicant pay the appellant's costs below.
Pleas in law and main arguments:
Community trade mark sought: Word Mark "FUSION" - Application No 1061050 for products within class 9 (Audio, video and security equipment for vehicles).
Proprietor of mark or sign whose
cancellation is sought: The Applicant.
Applicant for cancellation: Ford Motor Company, in relation to Community trade mark registration No 747121 of the word mark "FUSION" for goods in classes 12 (Motor land vehicles and parts and fittings therefor) and 37 (Motor vehicles maintenance and repair services).
Decision of the Cancellation Division: Application upheld.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: - The notion of similarity of customers as set out in the contested decision is wrong.
- The conclusion that the goods set out in the respective registrations are at least similar is wrong.
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