Action brought on 7 April 2006 - Inter-IKEA v OHIM

(Case T-112/06)

Language in which the application was lodged: English

Parties

Applicant: Inter-IKEA Systems BV (Delft, Netherlands) (represented by: Jonas Gulliksson and Jens Olsson, lawyers)

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

Other party to the proceedings before the Board of Appeal: Walter Waibel

Form of order sought

Annul the contested decision, and

order OHIM to pay the costs incurred both in these proceedings and in the invalidity proceedings before OHIM.

Pleas in law and main arguments

Registered Community trade mark subject of the application for a declaration of invalidity: the figurative Trade Mark "idea" for goods and services in classes 16, 20 and 42 (Community Trade Mark registration No 283 952)

Proprietor of the Community trade mark: Walter Waibel

Party requesting the declaration of invalidity of the Community trade mark: Inter IKEA Systems B.V.

Trade mark right of the party requesting the declaration of invalidity: several Community and national, figurative and word trade marks for goods and services in classes 16, 20 and 42

Decision of the Cancellation Division: invalidity of the trade mark "idea"

Decision of the Board of Appeal: rejection of the request for invalidity

Pleas in law: infringement of Articles 52(1)(a) and 8(1)(b) of Council Regulation No 40/94

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