Action brought on 20 February 2006 - Elini N.V. v OHIM

(Case T -67/06)

Language in which the application was lodged: Dutch

Parties

Applicant: Elini N.V. (Antwerp, Belgium) (represented by: F. Cornette and S. Tilsley, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Rolex. S.A (Geneva, Switzerland)

Form of order sought

The applicant claims that the Court should:

review and annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 December 2005 (Case R-725/2004-4);

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Elini N.V.

Community trade mark concerned: the figurative mark "Elini" for goods in class 14 (jewellery; watches; watch straps, watch glasses, watch chains and precious stones)

Proprietor of the mark or sign cited in the opposition proceedings: Rolex S.A.

Mark or sign cited in opposition: the figurative mark "Cellini" for goods in class 14 (registration number 1 456 102)

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: annulment of the decision of the Opposition Division and rejection of the application for a Community trade mark

Pleas in law: breach of Article 8(1)(b) of Regulation No 40/94.

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