Order of the Court (Fifth Chamber) of 24 September 2009 — HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Manpower Inc.

(Case C-520/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b), (c), (d) and (g) - Application for a declaration of invalidity - Community word mark I.T.@MANPOWER)

2010/C 11/18

Language of the case: English

Parties

Appellant: HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) (represented by: represented by M. Ciresa, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent), Manpower Inc. (represented by: V. Marsland, Solicitor, and A. Bryson, Barrister)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 in Case T-248/05 HUP Uslugi Polska v OHIM — Manpower (I.T.@MANPOWER), by which the Court of First Instance dismissed an action for annulment brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 April 2005 (Case R 124/2004–4), which in turn dismissed the action brought against the decision of the Cancellation Division which had dismissed an application for a declaration of invalidity of Community word mark ‘I.T.@MANPOWER’ for goods and services in Classes 9, 16, 35, 38, 41 and 42 — Trade mark with no descriptive character

Operative part of the order

(1)  OJ C 55, 7.3.2009.