Notices for publication in the OJ nº T-378/09 of Court of First Instance of the European Communities, November 21, 2009

Resolution Date:November 21, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-378/09
SUMMARY

Community trade mark - Action for annulment brought by the proprietor of the national figurative marks ‘SPAR’ for goods and services in Classes 1 to 36 and 38 to 41, against Decision R 123/2008-1 of the First Board of Appeal of OHIM of 16 July 2009 rejecting the action against the decision of the Opposition Division refusing the opposition brought by the appellant against the application for... (see full summary)

 
FREE EXCERPT

Action brought on 30 September 2009 - SPAR v OHIM - SPA Group Europe (SPA GROUP)

(Case T -378/09)

Language in which the application was lodged: German

Parties

Applicant: SPAR Handelsgesellschaft mbH (Schenefeld) (represented by: R. Kaase and J.-C. Plate, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: SPA Group Europe Ltd & Co. KG (Nürnberg, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 July 2009 in case R 123/2008-1 for being incompatible with Article 8(1)(b) of Regulation (EC) No 40/94 ;

Order OHIM to pay the costs incurred both in these proceedings and in the opposition and appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: SPA Group Europe Ltd & Co. KG

Community trade mark concerned: the word mark 'SPA GROUP' for goods and services in Classes 16, 35, 41 and 44 (Application No 4 038 171)

Proprietor...

To continue reading

REQUEST YOUR TRIAL