14.10.2006   

EN

Official Journal of the European Union

C 249/12


Action brought on 8 August 2006 — American Clothing Associates v OHIM (figurative mark — maple leaf and the letters RW)

(Case T-215/06)

(2006/C 249/31)

Language in which the application was lodged: French

Parties

Applicant: American Clothing Associates (Evergem, Belgium) (represented by: P. Maeyaert and N. Clarembeaux, lawyers)

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

Form of order sought

annul the decision of the First Board of Appeal of OHIM of 4 May 2006 in Case R 1463/2005-1;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark consisting of a representation of a maple leaf and the letters RW in respect of goods and services in Classes 18, 25 and 40 (application No 2 785 368)

Decision of the examiner: Refusal to register

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The applicant first pleads infringement of Article 7(1)(h) of Council Regulation No 40/94 and of Article 6 ter of the Paris Convention in so far as the Board of Appeal of OHIM failed to take into consideration the overall impression of the mark applied for and erred in its assessment of the imitative heraldic character of a maple leaf from which it is formed. The applicant also claims that the Board of Appeal was wrong to refuse to take into consideration the reputation of the trade mark when applying an absolute ground for refusal provided for in Article 7(1)(h) of Regulation No 40/94.