Notice for the OJ

 

Action brought on 17 May 2002 by Naipes Heraclio Fournier, S.A. against Office for the Harmonization of the Internal Market (trade marks and designs) (OHIM)

    (Case T-160/02)

    (Language of the case: Spanish)

An action against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM) was brought before the Court of First Instance of the European Communities on 17 May 2002 by Naipes Heraclio Fournier, established in Alava (Spain), represented by Enrique Armijo Chavarri.

The applicant claims that the Court should:

(Annul the decision of the Second Board of Appeal of the OHIM of 28 February 2002;

(Order the OHIM to pay the costs.

Pleas in law and main arguments

The Community trade mark concerned:Figurative mark for the ace of spades depicting a single sword pointing upwards ( Figurative mark registered under No 000089565 for products within Class 16 (playing cards)Proprietor of the right to the trade mark or sign whose cancellation is sought:The applicantApplicant for cancellationSociété France CartesDecision of the Cancellation Division:Application dismissedDecision of the Board of Appeal:Annulment of the decision of the Cancellation DivisionGrounds of claim:Misapplication of Article 7(1)(b) and (c) of Regulation (EC) No 40/94

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