Appeal brought on 11 July 2007 by Antartica Srl against the judgment of the Court of First Instance (Fourth Chamber) delivered on 10 May 2007 in Case T-47/06: Antartica Srl v Office for Harmonisation in the Internal Market (Trade marks and Designs)

(Case C-320/07 P)

(2007/C 211/50)

Language of the case: English

Parties

Appellant: Antartica Srl (represented by: E. Racca, avvocati and A. Fusillo, avvocato)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), The Nasdaq Stock Market, Inc.

Form of order sought

The appellant claim that the Court should:

Pleas in law and main arguments

The appellant submits that the Court of First Instance's interpretation of Article 8 (5) of Regulation 40/94 (1) is inconsistent with the current definition of trademark notoriety subsequent to case C-372/97 General Motors.

(1)  OJ L 11, p. 1.