Action brought on 6 August 2008 — Laura Ashley v OHIM — Tiziana Bucci (LAURA ASHLEY)

(Case T-301/08)

(2008/C 247/42)

Language in which the application was lodged: English

Parties

Applicant: Laura Ashley Ltd (London, United Kingdom) (represented by: J. Guise, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Tiziana Bucci (Viareggio, Italy)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘LAURA ASHLEY’ for various goods in classes 3, 18, 24 and 25

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: International trade mark registration No 311 675 of the figurative mark ‘Ashley's’ for goods in class 25; Italian trade mark registration No 517 151 of the figurative mark ‘Ashley's’ for goods in class 3, 18, 24 and 25; international trade mark registration No 646 926 of the figurative mark ‘Ashley's il primo Cashmere Italiano’ for goods in class 25

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(5) of Council Regulation No 40/94 as the Board of Appeal failed to establish whether the applicant was using the Community trade mark applied for without due cause.