Notice for the OJ
SEQ CHAPTER \h \r 1
Action brought on 9 January 2004 by Muswellbrook Limited against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case T-8/04)
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 9 January 2004 by Muswellbrook Limited, Dublin, Ireland, represented by Ms P. Koch Moreno, lawyer.
Friedrich Grimm and Engelbert Rolli were also party to the proceedings before the Board of Appeal .
The applicant claims that the Court should:
- declare that the decision which was issued on 5 November 2003 by the First Board of Appeal of OHIM, which dismissed the plaintiff's appeal against the resolution of 29 April 2002 in opposition procedure No B 1181/2002, which dismissed the opposition that was lodged against community trade mark application No 847640 for the registration of the word SNIKE in relation to all the products of class 25 covered by the application, does not comply with the EC Regulations on Community Trade Marks, No 40/94, and that the said decision be set aside;
declare that there is a risk of confusion between the community trade mark application with No 847640 for the word SNIKE in class 25 and Spanish trade mark No 88222, consisting of the word NIKE with device, which protects identical products that also fall under class 25;
order the respondent and, if applicable, the intervening party to pay the costs of these proceedings.
Pleas in law and main arguments:
Applicants for the Community trade mark: Friedrich Grimm and Engelbert Rolli
Community trade mark sought: Community trade mark application No 847640 for word mark SNIKE in relation to certain goods in classes 12, 25 and 41 (Vehicles, clothing, footwear, headgear, education, entertainment,...)
Proprietor of mark or sign cited in the
opposition proceedings: The applicant, Muswellbrook Ltd.
Mark or sign cited in opposition: The national figurative mark No 88222 for certain goods in class 25 (Stockings, socks, shirts, gloves, coats, footwear, sporting footwear, ...)
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Violation of Article 8 (1) (b) of Council Regulation (EC) No 40/941
____________1 - Council Regulation (EC) No 40/94 of 20 December 993 on the Community trade mark (OJ , p. )