Notices for publication in the OJ nº T-344/09 of Court of First Instance of the European Communities, October 24, 2009

Resolution Date:October 24, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-344/09
SUMMARY

Community trade mark – Action brought by the proprietor of national and international word and figurative marks and nonregistered marks and trade names containing the word elements ‘COSMOS’ and ‘COSMOPOLITAN’ for goods and services in Classes 16, 25, 28, 35, 38, 39 and 41 against Decision R 770/20072 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of... (see full summary)

 
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Action brought on 31 August 2009 - Hearst Communications v OHIM - Vida Estética (COSMOBELLEZA)

(Case T-344/09)

Language in which the application was lodged: English

Parties

Applicants: Hearst Communications, Inc. (New York, United States) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vida Estética, S.L. (Barcelona, Spain)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2009 in case R 770/2007-2; and

Order the defendant to pay the costs

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "COSMOBELLEZA", for goods and services in classes 35 and 41

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

Mark or sign cited: French trade mark registration of the mark "COSMOPOLITAN" registered for goods in class 16; International trade mark registration of the mark "COSMO TEST" registered for goods and services in classes 25, 38 and 41; Portuguese trade mark registration of the mark "COSMO" registered for services in class 41; international trade mark registration of the mark "COSMOPOLITAN TELEVISION" registered for goods and services in classes 38 and 41; international trade mark registration of the mark "COSMOPOLITAN" registered for services in classes 35 and 39; United Kingdom trade mark registration of the mark "COSMOPOLITAN" registered for services in classes 35 and 39; United Kingdom trade mark registration of the...

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