Action brought on 24 December 2007 - RS Arbeitsschutz v OHIM - RS Components (RS)

(Case T-501/07)

Language in which the application was lodged: English

Parties

Applicant: R. S. Arbeitsschutz Bedarfshandesgesellschaft mbH (Kaltenkirchen, Germany) (represented by: M. Ivens, lawyer)

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

Other party to the proceedings before the Board of Appeal: RS Components Ltd (Corby, United Kingdom)

Form of order sought

Annul the decision of the Second Board of Appeal of 16 October 2007, notified to the applicant on 26 October 2007 in Case R 531/2007-2 and of the decision of the Opposition Division of 13 February 2007 ruling on Opposition No B 902 660.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community figurative trade mark composed of a device of a stylised glove or hand and the bold capital letters "RS" for goods in class 9, 17 and 25 - application No 4 113 981

Proprietor of the mark or sign cited in the opposition proceedings: RS Components Ltd

Mark or sign cited: The Community figurative trade mark "RS" for goods in class 9, 17 and 25

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

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

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