Action brought on 3 December 2007 - Harwin International v OHIM - Cuadrado (Pickwick)

(Case T-450/07)

Language in which the application was lodged: English

Parties

Applicant: Harwin International LLC (Albany, United States) (represented by: D. Przedborski, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cuadrado SA (Paterna, Spain)

Form of order sought

Annulment of the decision of the OHIM's Second Board of Appeal in Case R 1245/2006-2, rendered on 10 September 2007;

order the defendant and Cuadrado SA to bear their own costs and to reimburse the costs incurred by the applicant.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: The figurative trade mark containing the word components "PICKWICK COLOUR GROUP" for goods and services in Class 25 - application No 826669

Proprietor of the Community trade mark: Harwin International LLC

Party requesting the declaration of invalidity of the Community trade mark: Cuadrado SA

Trade mark right of the party requesting the declaration of invalidity: The earlier national word mark "PICK OUIC, CUADRADO SA, VALENCIA" and the figurative trade mark containing the word elements "Pick Ouic" for goods in class 25

Decision of the Cancellation Division: Declared the mark applied for invalid in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 56(2) and (3) of Council Regulation (EC) No 40/94.

The applicant claims that the Board's finding as to the non-examination by the Cancellation Division of the evidence submitted by Cuadrado is inconsistent and contrary to law. Furthermore, the applicant submits that there is no likelihood of confusion between the trademarks concerned.

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