Action brought on 4 October 2007 - Peek & Cloppenburg v OHIM - Redfil (Agile)

(Case T-386/07)

Language in which the application was lodged: English

Parties

Applicant: Peek & Cloppenburg (KG) (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)

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

Other party to the proceedings before the Board of Appeal: Redfil SL (Barcelona, Spain)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 July 2007 in Case No R 1324/2006-2; and

order that the costs of the proceedings be borne by the defendant.

Pleas in law and main arguments

Applicant for the Community trade mark: Redfil SL

Community trade mark concerned: The figurative mark "Agile" for goods in classes 18, 25 and 28 - application No 2 659 456

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The community and national word mark "Aygill's" for goods in classes 3, 6, 8, 9, 11, 14, 16, 18, 20, 21, 24, 25, 26, 27 and 28

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition in its entirety

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

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